Ctbrarp of Che Cheological Seminary PRINCETON • NEW JERSEY .VVV {{{-, /// w* PRESENTED BY The Library of the Board of Foreign Missions of the Presbyterian Church in the U.S.A. *T\c ct7 c~ r?c,s Digitized by the Internet Archive in 2016 https://archive.org/details/siamscaseforrevi00pitk_0 SIAM’S CASE FOR REVISION OF OBSOLETE TREATY OBLIGATIONS SUPPLEMENT SIAM’S TREATIES SUPPLEMENT SIAM’S CASE FOR REVISION OF OBSOLETE TREATY OBLIGATIONS ADMITTEDLY INAPPLICABLE TO PRESENT CONDITIONS Treaties and Other Documents TABLE OF CONTENTS. 1. Treaty with Great Britain June 20, 1826 2. Treaty with United States March 20, 1833 3. Treaty with Great Britain April 18, 1855 4. Agreement with Great Britain. .May 13, 1856 5. Treaty with United States May 29, 1856 6. Treaty with France August 15, 1856 7. Treaty with Denmark May 21, 1858 8. Treaty with Portugal February 10, 1859 9. Treaty with The Netherlands. . .December 17, 1860 10. Treaty with Germany February 7, 1862 11. Convention with France August 7, 1867 12. Treaty with Sweden and Norway May 18, 1868 13. Treaty with Belgium August 29, 1868 14. Treaty with Italy October 3, 1868 15. Treaty with Austria Hungary. . May 17, 1869 16. Treaty with Spain February 23, 1870 17. Agreement with Great Britain. .April 6, 1883 18. Agreement with France May 23, 1883 19. Treaty with Great Britain September 3, 18S3 20. Treaty with France October 3, 1893 21. Notes of Great Britain October 28, 1896 22. Treaty with Japan February 25, 1898 23. Declaration of Russia June 11/23, 1899 24. Convention with France February 13, 1904 25. Convention with Denmark March 24, 1905 26. Convention with Italy April 8, 1905 27. Treaty with France March 23, 1907 28. Decree of France September 17, 1908 29. Treaty with Great Britain March 10, 1909 30. Treaty with Denmark March 15, 1913 2 5 Great Britain, 1826. Treaty with the King of Siam. June 20, 1826. The powerful Lord who is in possession of every good and every dignity, the God Boodh, who dwells over every head in the City of the Sacred and Great Kingdom of Si-a-yoo-ther-sye (titles of the King of Siam), incom- prehensible to the head and brain. The sacred beauty of the Royal Palace, serene and infallible there (titles of the Waugno, or Second King of Siam) have bestowed their commands upon the heads of their Excellencies the Ministers of high rank belonging to the Sacred and Great Kingdom of Si-a-yoo-ther-sye, to assemble and frame a Treaty with Captain Henry Burney, the English Envoy on the part of the English Government, the Honourable East India Company, who govern the Coun- tries in India belonging to the English, under the authority of the King and Parliament of England; and the Right Honourable Lord Amherst, Governor of Bengal, and other English Officers of high rank, have deputed Captain Burney, as an Envoy, to represent them, and to frame a Treaty with their Excellencies the Min- isters of high rank belonging to the Sacred and Great Kingdom of Si-a-yoo-ther-sye, in view that the Siamese and English Nations may become great and true friends, connected in love and affection, with genuine candor and sincerity on both sides. The Siamese and English frame 2 uniform copies of a Treaty, in order that 1 copy may be placed in the Kingdom of Siam, and that it may become known throughout every great and small Province sub- ject to Siam ; and in order that 1 copy may be placed 2 6 in Bengal, and that it may become known throughout every great and small Province subject to the English Government, both copies of the Treaty will be attested by the Royal Seal, by the Seals of their Excellencies the Ministers of high rank in the City of the Sacred and Great Kingdom of Si-a-yoo-ther-sye, and by the Seals of the Right Honourable Lord Amherst, Governor of Bengal, and of other English Officers of high rank. Art. I. The English and Siamese engage in friend- ship, love, and affection, with mutual truth, sincerity, and candour. The Siamese must not meditate or commit evil, so as to molest the English in any manner. The English must not meditate or commit evil, so as to molest the Siamese in any manner. The Siamese must not go and molest, attack, disturb, seize, or take any place, ter- ritory, or boundary belonging to the English in any Country subject to the English. The English must not go and molest, attack, disturb, seize, or take any place, territory, or boundary belonging to the Siamese in any Country subject to the Siamese. The Siamese shall settle every matter within the Siamese boundaries, according to their own will and customs. II. Should any place or Country subject to the English do anything that may offend the Siamese, the Siamese shall not go and injure such place or Country, but first report the matter to the English, who will examine into it with truth and sincerity; and if the fault lie with the English, the English shall punish, according to the fault. Should any place or Country sub- ject to the Siamese do anything that may offend the English, the English shall not go and injure such place 2 7 or Country, but first report the matter to the Siamese, who will examine into it with truth and sincerity ; and if the fault lie with the Siamese, the Siamese shall punish according to the fault. Should any Siamese place or Country, that is near an English Country, collect at any time an army, or a fleet of boats, if the Chief of the English Country inquire the object of such force, the Chief of the Siamese Country must declare it. Should any English place or Country that is near a Siamese Country, collect at any time an army, or a fleet of boats, if the Chief of the Siamese Country shall inquire the object of such force, the Chief of the English Country must declare it. III. In places and Countries belonging to the Siamese and English, lying near their mutual borders, whether to the east, west, north or south, if the English entertain a doubt as to any boundary that has not been ascertained, the Chief on the side of the English must send a Letter with some men and people from his frontier posts, to go and inquire from the nearest Siamese Chief, who shall depute some of his Officers and people from his frontier posts to go with the men belonging to the English Chief, and point out and settle the mutual boundaries, so that they may be ascertained on both sides in a friendly manner. If a Siamese Chief entertain a doubt as to any boundary that has not been ascertained, the Chief on the side of the Siamese must send a Letter with some men and people from his frontier post, to go and inquire from the nearest English Chief, who shall depute some of his Officers and people from his frontier post, to go with the men belonging to the Siamese Chief, and point out and 2 8 settle the mutual boundaries, so that they may be ascer- tained on both sides in a friendly manner. IV. Should any Siamese subject run and go and live within the boundaries of the English, the Siamese must not intrude, enter, seize, or take such person within the English boundaries, but must report and ask for him in a proper manner; and the English shall be at liberty to deliver the party or not. Should any English subject run and go and live within the boundaries of the Siamese, the English must not intrude, enter, seize, or take such persons within the Siamese boundaries, but must report and ask for him in a proper manner; and the Siamese shall be at liberty to deliver the party or not. V. The English and Siamese having concluded a Treaty, establishing a sincere friendship between them, merchants, subject to the English and their ships, junks, and boats, may have intercourse and trade with any Siamese Country which has much merchandise; and the Siamese will aid and protect them, and permit them to buy and sell with facility. Merchants, subject to the Siamese, and their boats, junks, and ships, may have intercourse and trade with any English Country ; and the English will aid and protect them, and permit them to buy and sell with facility. The Siamese desiring to go to an English Country, or the English desiring to go to a Siamese Country, must conform to the customs of the place or Country, on either side ; should they be ignorant of the customs, the Siamese or English Officers must explain them. Siamese subjects who visit an English Country, must conduct themselves according to the estab- 2 9 lished Laws of the English Country, in every particular. The English subjects who visit a Siamese Country, must conduct themselves according to the established Laws of the Siamese Country, in every particular. VI. Merchants subject to the Siamese or English, going to trade either in Bengal, or any other Country subject to the English, or at Bankok, or in any Country subject to the Siamese, must pay the duties upon com- merce according to the customs of the place or Country, on either side; and such merchants and the inhabitants of the Country shall be allowed to buy and sell without the intervention of other persons in such Countries. Should a Siamese or English merchant have any com- plaint or suit, he must complain to the Officers and Gov- ernors, on either side; and they will examine and settle the same, according to the established Laws of the place or Country, on either side. If a Siamese or English mer- chant buy or sell, without inquiring and ascertaining whether the seller or buyer be of a bad or good character ; and if he meet with a bad man, who takes the property and absconds, the Rulers and Officers must make search and produce the person of the absconder, and investigate the matter with sincerity. If the party possess money or property, he can be made to pay ; but if he do not possess any, or if he cannot be apprehended, it will be the mer- chant’s own fault. VII. A merchant subject to the Siamese or English, going to trade in any English or Siamese Country, and applying to build godowns or houses, or to buy or hire shops or houses, in which to place his merchandize, the 2 10 Siamese or English Officers and Rulers shall be at liberty to deny him permission to stay. If they permit him to stay, he shall land and take up his residence according to such terms as may be mutually agreed on; and the Siamese or English Officers and Rulers will assist and take proper care of him, preventing the inhabitants of the Country from oppressing him, and preventing him from oppressing the inhabitants of the Country. Whenever a Siamese or English merchant or subject, who has nothing to detain him, requests permission to leave the Country, and to embark with his property on board of any vessel, he shall be allowed to do so with facility. VIII. If a merchant desire to go and trade in any place or Country belonging to the English or Siamese, and his ship, boat, or junk, meet with any injury what- ever, the English or Siamese Officers shall afford ade- quate assistance and protection. Should any vessel be- longing to the Siamese or English be wrecked in any place or Country where the English or Siamese may col- lect any of the property belonging to such vessel, the English or Siamese Officers shall make proper inquiry, and cause the property to be restored to its owner, or in case of his death, to his heir, and the owner or heir will give a proper remuneration to the persons who may have collected the property. If any Siamese or English sub- ject die in an English or Siamese Country, whatever property he may leave shall be delivered to his heir; if the heir be not living in the same Country, and unable to come, appoint a person by Letter to receive the prop- erty, the whole of it shall be delivered to such person. 2 11 IX. Merchants subject to the English, desiring to come and trade in any Siamese Country, with which it has not been the custom to have trade and intercourse, must first go and inquire of the Governor of the Country. Should any Country have no merchandize, the Governor shall inform the ship that has come to trade that there is none. Should any country have merchandize sufficient for a ship, the Governor shall allow her to come and trade. X. The English and Siamese mutually agree, that there shall be an unrestricted trade between them in the English Countries of Prince of Wales’ Island, Malacca, and Singapore, and the Siamese Countries of Ligore, Merdilony, Singora, Patam, Junkceylon, Queda, and other Siamese Provinces. Asiatic merchants of the English Countries, not being Burmese, Peguers, or descendants of Europeans, shall be allowed to trade freely overland, and by means of the rivers. Asiatic merchants, not being Burmese, Peguers, or descend- ants of Europeans, desiring to enter into and trade with the Siamese Dominions, from the Countries of Mergni, Tavoy, Tenasserim, and Ye, which are now subject to the English, will be allowed to do so freely, overland and by water, upon the English furnishing them with proper certificates; but merchants are forbidden to bring Opium, which is positive^ a contraband article in the Territories of Siam ; and should a merchant intro- duce any, the Governor shall seize, burn, and destroy the whole of it. XI. If an Englishman desire to transmit a letter to any person in a Siamese or other Country, such person 2 12 only, and no other, shall open and look into the letter. If a Siamese desire to transmit a letter to any person in an English or other Country, such person only, and no other, shall open and look into the letter. XII. Siam shall not go and obstruct or interrupt com- merce in the States of Tringano and Calantan. English merchants and subjects shall have trade and intercourse in future with the same facility and freedom as they have heretofore had, and the English shall not go and molest, attack, or disturb those States, upon any pretense whatever. XIII. The Siamese engage to the English that the Siamese shall remain in Queda, and take proper care of that Country and of its people ; the inhabitants of Prince of Wales’ Island and of Queda shall have trade and inter- course as heretofore ; the Siamese shall levy no duty upon stock and provisions, such as cattle, buffaloes, poultry, fish, paddy, and rice, which the inhabitants of Prince of Wales’ Island, or ships there, may have occasion to pur- chase in Queda; and the Siamese shall not farm the mouths of rivers or any stream in Queda, but shall levy fair and proper import and export duties. The Siamese further engage, that when Chao Pliya of Ligore re- turns from Bankok, he shall release the slaves, personal servants, family and kindred belonging to the former Governor of Queda, and permit them to go and live wherever they please. The English engage to the Siamese, that the English do not desire to take posses- sion of Queda, that they will not attack nor disturb it, nor permit the former Governor of Queda, or any of his 13 followers, to attack, disturb, or injure in any manner, the Territory of Queda, or any other Territory subject to Siam. The English engage that they will make arrangements for the former Governor of Queda to go and live in some other Country, and not at Prince of Wales’ Island or Prye, or in Perak, Salengore, or any Burmese Country. If the English do not let the former Governor of Queda go and live in some other Country, as here engaged, the Siamese may continue to levy an export duty upon paddy and rice in Queda. The English will not prevent any Siamese, Chinese, or other Asiatic, at Prince of Wales’ Island, from going to reside in Queda, if they desire it. XIV. The Siamese and English mutually engage, that the Rajah of Perak shall govern his Country according to his own will. Should he desire to send the Gold and Silver Flowers to Siam as heretofore, the English will not prevent his doing as he may desire. If Chao Phya of Ligore desire to send down to Perak, with friendly intentions, 40 or 50 men, whether Siamese, Chinese, or other Asiatic subjects of Siam ; or if the Rajah of Perak desires to send any of his Ministers or Officers to seek Chao Phya of Ligore, the English shall not forbid them. The Siamese or English shall not send any force to go and molest, attack, or disturb Perak. The English will not allow the State of Salengore to attack or disturb Perak ; and the Siamese shall not go and attack or dis- turb Salengore. The arrangements stipulated in these two last Articles respecting Perak and Queda, Chao Phya of Ligore shall execute as soon as he returns home from Bankok. 2 14 The 14 Articles of this Treaty, let the great and subordinate Siamese and English Officers, together with every great and small Province, hear, receive, and obey without fail. Their Excellencies the Ministers of high rank at Bankok, and Captain Henry Burney, whom the Right Honourable Lord Amherst, Governor of Bengal, deputed as an Envoy to represent his Lordship, framed this Treaty together, in the presence of Prince Ivroin Menu Soorin Thirakser, in the City of the Sacred and Great Kingdom of Si-a-yoo-ther-sye. The Treaty, written in the Siamese, Malayan, and English languages, was concluded on Tuesday, on the 1st day of the 7th decreasing moon, 1188 year, dog 8, according to the Siamese era, corre- sponding with the 20th of June, 1826, of the European era. Both copies of the Treaty are sealed and attested by their Excellencies the Ministers and by Captain Henry Burnej 7 . One copy Henry Burney will take for the rati- fication of the Governor of Bengal ; and 1 copy, bearing the Royal Seal, Chao Pliya of Ligore will take and place at Queda. Captain Burney appoints to return to Prince of Wales’ Island in 7 months, in the 2nd moon of the year 1188, dog 8, and to exchange the Ratification of this Treaty with Plira Pliak di Bori-rak, at Queda. The Siamese and English will form a friendship that shall be perpetuated, that shall know no end or inter- ruptions as long as heavens and earth appear. A literal translation from the Siamese. H. Burney, Captain, Envoy to the Court of Siam. (l. s.) Amherst. [place for the king of Siam's seal] 2 15 Ratified by the Right Honourable the Governor-Gen- eral, in Camp, at Agra, this 17th day of January, 1827. (l. s.) By command of the Governor-General. A. Stirling, Secy, to Govt., in attendance on the Govr.-Gen. [seal of [SEAL OF CHAO PHYA CHAK-KRl] CHAO PHYA AKHO MAHASIVA (L. S.) COMBERMERE. KALAHONE.] [SEAL OF CHAO PHYA [SEAL OF CHAO PHYA (L. S.) J. H. Harrington. PHRA KHLANG.] THARANA.] [SEAL OF CHAO PHYA [SEAL OF CHAO PHYA (L. S.) W. B. Bayley. PHOLLO-THEP.] YOMORAT.] H. Burney, Captain, Envoy to the Court of Siam from the Right Honourable the Governor-Gen- eral of British India. By command of the Vice-President in Council, G. Swinton, Secretary to Govt. 2 16 United States, 1833. Treaty of Amity and Commerce between the United States and Siam. — Signed at Sia-Yuthia (Ban- kok ) , 20th March, 1833. A Proclamation. — By the President of The United States of America. Whereas A Treaty of Amity and Commerce between The United States of America and His Majesty the King of Siam was concluded and signed at the City of Sia- Yuthia, commonly called Bankok, on the 20th day of March, in the year of our Lord 1833, which Treaty is, word for word, as follows : Treaty of Amity and Commerce between His Majesty the Magnificent King of Siam and The United States of America. His Majesty the Sovereign and Magnificent King, in the City of Sia-Yuthia, has appointed the Chau Phaya- Phraklang, one of the first Ministers of State, to treat with Edmund Roberts, Minister of The United States of America, who has been sent by the Government thereof, on its behalf, to form a Treaty of sincere friendship and entire good faith between the two Nations. For this purpose, the Siamese and the Citizens of The United States of America shall, with sincerity, hold commercial intercourse in the Ports of their respective Nations as long as Heaven and Earth shall endure. This Treaty is concluded on Wednesday, the last of the fourth month of the year 1194, called Pi-marong-chat- 2 17 tavasok, or the year of the Dragon, corresponding to the 20th day of March, in the year of our Lord 1833. One original is written in Siamese, the other in English ; but as the Siamese are ignorant of English, and the Americans of Siamese, a Portuguese and a Chinese translation are annexed, to serve as testimony to the contents of the Treaty. The writing is of the same tenor and date in all the languages aforesaid. It is signed, on the one part, with the name of the Chau Pliaya Phra-klang, and sealed with the seal of the lotus flower, of glass. On the other part, it is signed with the name of Edmund Roberts, and sealed with a seal containing an eagle and stars. One Copy will be kept in Siam, and another will be taken by Edmund Roberts to The United States. If the Government of The United States shall ratify the said Treaty, and attach the Seal of the Government, then Siam will also ratify it on its part, and attach the Seal of its Government. Art. I. There shall be a perpetual Peace between The United States of America and the Magnificent King of Siam. II. The Citizens of The United States shall have free liberty to enter all the Torts of the Kingdom of Siam, with their Cargoes, of whatever kind the said Cargoes may consist; and they shall have liberty to sell the same to any of the Subjects of the King, or others who may wish to purchase the same, or to barter the same for any pro- duce or manufacture of the Kingdom, or other articles that may be found there. No prices shall be fixed by the Officers of the King on the articles to be sold by the Merchants of The United States, or the merchandise they 18 may wish to buy, but the Trade shall be free on both sides, to sell, or buy, or exchange, on the terms and for the prices the owners may think fit. Whenever the said Citizens of The United States shall be ready to depart, they shall be at liberty so to do, and the proper Officer shall furnish them with Passports: Provided always , There be no legal impediment to the contrary. Nothing contained in this Article shall be understood as granting permission to import and sell Munitions of War to any Person excepting to the King, who, if he does not re- quire, will not be bound to purchase them ; neither is per- mission granted to import Opium, which is contraband; or to export Rice, which cannot be embarked as an article of commerce. These only are prohibited. III. Vessels of The United States entering any Port within His Majesty's Dominions, and selling or purchas- ing Cargoes of merchandise, shall pay, in lieu of import and export duties, tonnage, license to trade, or any other charge whatever, a measurement duty only, as follows: The measurement shall be made from side to side, in the middle of the Vessel’s length ; and, if a single-decked Vessel, on such single deck ; if otherwise, on the lower deck. On every Vessel, selling merchandise, the sum of 1700 Ticals, or Bats, shall be paid for every Siamese fathom in breadth, so measured; the said fathom being computed to contain 78 English or American inches, cor- responding to 96 Siamese inches; but if the said Vessel should come without merchandise, and purchase a Cargo with specie only, she shall then pay the sum of 1500 Ticals, or Bats, for each and every fathom before described. Furthermore, neither the aforesaid measurement duty, 2 19 nor any other charge whatever, shall be paid by any Ves- sel of the United States that enters a Siamese Port for the purpose of refitting, or for refreshments, or to inquire the state of the market. IV. If hereafter the Duties payable for Foreign Ves- sels be diminished in favour of any other Nation, the same diminution shall be made in favour of the Vessels of The United States. V. If any Vessel of The United States shall suffer shipwreck on any part of the Magnificent King’s Domin- ions, the Persons escaping from the Wreck shall be taken care of and hospitably entertained at the expense of the King, until they shall find an opportunity to be returned to their Country; and the property saved from such Wreck shall be carefully preserved and restored to its owners; and The United States will repay all expenses incurred by His Majesty on account of such Wreck. VI. If any Citizen of The United States, coming to Siam for the purpose of trade, shall contract debts to any Individual of Siam, or if any Individual of Siam shall contract debts to any Citizen of The United States, the Debtor shall be obliged to bring forward and sell all his goods to pay his debts therewith. When the products of such bond fide sale shall not suffice, he shall no longer be liable for the remainder, nor shall the Creditor be able to retain him as a Slave, imprison, flog, or otherwise punish him, to compel the payment of any balance remaining due, but shall leave him at perfect liberty. ^ II. Merchants of The United States coming to trade in the Kingdom of Siam and wishing to rent houses 2 20 therein, shall rent the King’s Factories, and pay the cus- tomary rent of the Country. If the said Merchants bring their goods on short, the King's Officers shall take account thereof, but shall not levy any Duty thereupon. VIII. If any Citizens of The United States, or their Vessels, or other property, shall be taken by Pirates and brought within the Dominions of the Magnificent King, the Persons shall be set at liberty, and the property re- stored to its owners. IX. Merchants of The United States trading in the Kingdom of Siam shall respect and follow the Laws and customs of the Country in all points. X. If hereafter any Foreign Nation other than the Portuguese shall request and obtain His Majesty’s con- sent to the appointment of Consuls to reside in Siam, The United States shall be at liberty to appoint Consuls to reside in Siam, equally with such other Foreign Nation. Whereas, the Undersigned, Edmund Roberts, a Citizen of Portsmouth, in the State of New Hampshire, in The United States of America, being duly appointed an Envoy, by Letters Patent, under the Signature of the President and Seal of The United States America, bearing date at the City of Washington, the 26th day of January, in the year of our Lord 1832, for negotiating and concluding a Treaty of Amity and Commerce between the United States of America and His Majesty the King of Siam : Now know ye, that I, Edmund Roberts, Envoy as aforesaid, do conclude the foregoing Treaty of Amity and 2 21 Commerce, and every Article and Clause therein con- tained; reserving the same, nevertheless, for the final Ratification of the President of The United States of America, by and with the advice and consent of the Senate of the said United States. Done at the Royal City of Sia-Yuthia, (commonly called Bankok,) on the 20th day of March, in the year of our Lord 1833, and of the Independence of The United States of America the 57th. Edmund Roberts. And whereas, the said Treaty has been duly ratified on both parts, and the respective Ratifications of the same were exchanged at the City of Sia-Yuthia, (com- monly called Bankok,) on the 14th day of April, in the year of our Lord 1836 ; Now therefore be it known that I, Martin Van Buren, President of The United States of America, have caused the said Treaty to be made public, to the end that the same, and every Clause and Article thereof, may be con- served and fulfilled with good faith by The United States, and the Citizens thereof. In witness whereof I have hereunto set my hand, and caused the Seal of The United States to be affixed. Done at the City of Washington, this 24th day of June, in the year of our Lord 1837, and of the Inde- pendence of The United States the 61st. (l. s. ) Martin Van Buren. By the President : John Forsyth, Secretary of State. 2 22 Great Britain, 1855. Treaty of Friendship and Commerce, between Great Britain and Siam. — Signed at Bangkok, April 18, 1855.* (Ratifications exchanged at Bangkok, April 5, 1856.) Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and all its dependencies, and their Majesties Phra Bard Somdetch Phra Paramendr Maha Mongkut Phra Chom Klau Chau Yu Hua, the First King of Siam, and Phra Bard Somdetch Phra Pawarendr Ramesr Mahiswaresr Phra Pin Klau Chau Yu Hua, the Second King of Siam, desiring to establish upon firm and lasting foundations the relations of peace and friendship existing between the 2 countries, and to secure the best interests of their respective subjects by encouraging, facil- itating, and regulating their industry and trade, have re- solved to conclude a Treaty of Amity and Commerce for this purpose, and have, therefore, named as their Pleni- potentiaries, that is to say : Her Majesty the Queen of Great Britain and Ireland, Sir John Bowring, Knight, Doctor of Laws, &c. ; And Their Majesties the First and Second Kings of Siam, His Royal Highness Krom Hluang Wongsa Dhiraj Snidh ; his Excellency Somdetch Chau Phaya Parain Maha Puyurawongse; his Excellency Somdetch Chau Phaya Param Maha Bijai-neate; his Excellency Chau Phaya Sri Suriwongse Samuha Phra Kralahome; and his Excellency Chau Phaya, Acting Phra-Klang. *Signed in the English and Siamese languages. 2 23 Who, after having communicated to each other their respective full powers, and found them to be in good and due form, have agreed upon and concluded the following Articles : Art. I. There shall henceforward be perpetual peace and friendship between Her Majesty the Queen of Great Britain and Ireland, and her successors, and Their Majes- ties the First and Second Kings of Siam, and their suc- cessors. All British subjects coming to Siam, shall receive from the Siamese Government full protection and assist- ance to enable them to reside in Siam in all security, and trade with every facility, free from oppression or injury on the part of the Siamese; and all Siamese subjects going to an English country shall receive from the British Gov- ernment the same complete protection and assistance that shall be granted to British subjects by the Government of Siam. II. The interests of all British subjects coming to Siam shall he placed under the regulation and control of a Con- sul, who will be appointed to reside at Bangkok : he will himself conform to, and will enforce the observance by British subjects of, all the provisions of this Treaty, and such of the former Treaty negotiated by Captain Burney in 1826, as shall still remain in operation. He shall also give effect to all rules or regulations that are now or may hereafter be enacted for the government of British sub- jects in Siam, the conduct of their trade, and for the pre- vention of violations of the laws of Siam. Any disputes arising between British and Siamese subjects, shall be heard and determined by the Consul, in conjunction with the proper Siamese officers; and criminal offences will 2 24 be punished, in the ease of English offenders, by the Con- sul, according to English laws, and, in the case of Siamese offenders, by their own laws, through the Siamese author- ities. But the Consul shall not interfere in any matters referring solely to Siamese, neither will the Siamese authorities interfere in questions which only concern the subjects of Her Britannic Majesty. It is understood, however, that the arrival of the Brit- ish Consul at Bangkok shall not take place before the rati- fication of this Treaty, nor until 10 vessels owned by Brit- ish subjects, sailing under British colours, and with Brit- ish papers, shall have entered the port of Bangkok for pur- poses of trade, subsequent to the signing of this Treaty. III. If Siamese, in the employ of British subjects, of- fend against the laws of their country, or if any Siamese having so offended or desiring to desert, take refuge with a British subject in Siam, they shall be searched for, and, upon proof of their guilt or desertion, shall be delivered up by the Consul to the Siamese authorities. In like man- ner, any British offenders resident or trading in Siam, who may desert, escape to, or hide themselves in, Siamese territory, shall be apprehended and delivered over to the British Consul on his requisition. Chinese, not able to prove themselves to be British subjects, shall not be con- sidered as such by the British Consul, nor be entitled to his protection. IV. British subjects are permitted to trade freely in all the seaports of Siam, but may reside permanently only at Bangkok, or within the limits assigned by this Treaty. British subjects coming to reside at Bangkok may rent land, and buy or build houses, but cannot purchase lands 2 25 within a circuit of 200 sen (not more than 4 miles English) from the city walls, until they shall have lived in Siam for 10 years, or shall obtain special authority from the Siamese Government to enable them to do so. But with the exception of this limitation, British residents in Siam may at any time buy or rent houses, lands, or plantations, situated anywhere within a distance of 24 hours’ journey from the city of Bangkok, to be computed by the rate at which boats of the country can travel. In order to obtain possession of such lands or houses, it will be necessary that the British subject shall, in the first place, make application through the Consul to the proper Siamese officer; and the Siamese officer and the Consul having satisfied themselves of the honest intentions of the applicant, will assist him in settling, upon equitable terms, the amount of the purchase-money, will mark out and fix the boundaries of the property, and will convey the same to the British purchaser under sealed deeds. Whereupon, he and his property shall be placed under the protection of the Governor of the district and that of the particular local authorities; he shall conform, in ordinary matters, to any just directions given him by them, and will be subject to the same taxation that is levied on Siamese subjects. But if through negligence, the w r ant of capital, or other cause, a British subject should fail to commence the cultivation or improvement of the lands so acquired within a term of 3 years from the date of receiving possession thereof, the Siamese Gov- ernment shall have the power of resuming the property, upon returning to the British subject the purchase-money paid by him for the same. 2 26 V. All British subjects intending to reside in Siam shall be registered at the British Consulate. They shall not go out to sea, nor proceed beyond the limits assigned by this Treaty for the residence of British subjects, with- out a passport from the Siamese authorities, to be applied for by the British Consul; nor shall they leave Siam, if the Siamese authorities show to the British Consul that legitimate objections exist to their quitting the country. But within the limits appointed under the preceding Ar- ticle, British subjects are at liberty to travel to and fro under the protection of a pass, to be furnished them by the British Consul, and counter-sealed by the proper Siam- ese officer, stating, in the Siamese character, their names, calling, and description. The Siamese officers at the Gov- ernment stations in the interior may, at any time, call for the production of this pass, and immediately on its being exhibited, they must allow the parties to proceed; but it will be their duty to detain those persons who, by travelling without a pass from the Consul, render them- selves liable to the suspicion of their being deserters ; and such detention shall be immediately reported to the Consul. VI. All British subjects visiting or residing in Siam shall be allowed the free exercise of the Christian re- ligion, and liberty to build churches in such localities as shall be consented to by the Siamese authorities. The Siamese Government will place no restrictions upon the employment by the English of Siamese subjects as servants, or in any other capacity. But wherever a Siamese subject belongs or owes service to some partic- ular master, the servant who engages himself to a British 2 27 subject, without the consent of his master, may be re- claimed by him ; and the Siamese Government will not en- force an agreement between a British subject and any Siamese in his employ, unless made with the knowledge and consent of the master, who has a right to dispose of the services of the person engaged. VII. British ships of war may enter the river, and anchor at Paknam, but they shall not proceed above Pak- nam, unless with the consent of the Siamese authorities, which shall be given where it is necessaiy that a ship shall go into dock for repairs. Any British ship of war con- veying to Siam a public functionary accredited by Her Majesty's Government to the Court of Bangkok, shall be allowed to come up to Bangkok, but shall not pass the forts called Pong Phrachamit and Pit-patch-nuck, unless expressly permitted to do so by the Siamese Government ; but in the absence of a British ship of war, the Siamese authorities engage to furnish the Consul with a force sufficient to enable him to give effect to his authority over British subjects, and to enforce discipline among British shipping. VIII. The measurement duty hitherto paid by British vessels trading to Bangkok, under the Treaty of 1826, shall be abolished from the date of this Treaty coming into operation, and British shipping and trade will thence- forth be only subject to the payment of import and ex- port duties on the goods landed or shipped. On all ar- ticles of import the duties shall be 3 per cent, payable at the option of the importer, either in kind or money, cal- culated upon the market value of the goods. Drawback 2 28 of the full amount of duty shall be allowed upon goods found unsaleable and re-exported. Should the British merchant and the Custom-House officers disagree as to the value to be set upon imported articles, such disputes shall be referred to the Consul and proper Siamese of- ficer, who shall each have the power to call in an equal number of merchants as assessors, not exceeding 2 on either side, to assist them in coming to an equitable de- cision. Opium may be imported free of duty, but can only be sold to the opium farmer or his agents. In the event of no arrangement being effected with them for the sale of the opium, it shall be re-exported, and no impost or duty shall be levied thereon. Any infringement of this regula- tion shall subject the opium to seizure and confiscation. Articles of export, from the time of production to the date of shipment shall pay 1 impost only, whether this be levied under the name of inland tax, transit duty, or duty on exportation. The tax or duty to be paid on each article of Siamese produce previous to or upon exporta- tion, is specified in the Tariff attached to this Treaty and it is distinctly agreed that goods or produce which pay any description of tax in the interior, shall be exempted from any further payment of duty on exportation. English merchants are to be allowed to purchase di- rectly from the producer the articles in which they trade, and in like manner to sell their goods directly to the parties wishing to purchase the same, without the inter- ference, in either case, of any other person. The rates of duty laid down in the Tariff attached to this Treaty, are those that are now paid upon goods or produce shipped in Siamese or Chinese vessels or junks; 2 29 and it is agreed that British shipping shall enjoy all the privileges now exercised by, or which hereafter may be granted to, Siamese or Chinese vessels or junks. British subjects will be allowed to build ships in Siam on obtaining permission to do so from the Siamese authorities. Whenever a scarcity may be apprehended, of salt, rice, and fish, the Siamese Government reserve to them- selves the right of prohibiting, by public proclamation, the exportation of these articles. Bullion, or personal effects, may be imported or exported free of charge. IX. The Code of Regulations appended to this Treaty shall be enforced by the Consul, with the co-operation of the Siamese authorities; and they, the said authorities and Consul, shall be enabled to introduce any further regulations which may be found necessary, in order to give effect to the objects of this Treaty. All fines and penalties inflicted for infraction of the provisions and regulations of this Treaty shall be paid to the Siamese Government. Until the British Consul shall arrive at Bangkok, and enter upon his functions, the consignees of British vessels shall be at liberty to settle with the Siamese authorities all questions relating to their trade. X. The British Government and its subjects will be allowed free and equal participation in any privileges that may have been, or may hereafter be, granted by the Siamese Government to the Government or subjects of any other nation. 2 30 XI. After the lapse of 10 years from the date of the ratification of this Treaty, upon the desire of either the British or Siamese Governments, and on 12 months’ notice given by either party, the present and such por- tions of the Treaty of 1826 as remain unrevoked by this Treaty, together with the Tariff and Regulations here- unto annexed, or those that may hereafter be introduced, shall be subject to revision by Commissioners appointed on both sides for this purpose, who will be empowered to decide on and insert therein such amendments as experi- ence shall prove to be desirable. XII. This Treaty, executed in English and Siamese, both versions having the same meaning and intention, and the ratifications thereof having been previously exchanged, shall take effect from the 6th day of April, in the year 1856 of the Christian era, corresponding to the 1st day of the 5th month of the 1218th year of the Siamese Civil era. In witness whereof the above-named Plenipotentiaries have signed and sealed the present Treaty, in quadrupli- cate, at Bangkok, on the 18th day of April, in the year 1855 of the Christian era, corresponding to the 2nd day of the 6th month of the 1217th year of the Siamese Civil era. (l. s.) John Bowring. (Signatures and seals of the 5 Siamese Plenipotentiaries.) General Regulations under which British Trade is TO BE CONDUCTED IN SlAM. Regulation I. The master of every English ship coming to Bangkok to trade, must, either before or after 2 31 entering the river, as may be found convenient, report the arrival of his vessel at the Custom-House at Paknam, together with the number of his crew and guns, and the port from whence he comes. Upon anchoring his vessel at Paknam, he will deliver into the custody of the Custom- House officers all his guns and ammunition ; and a Cus- tom-House officer will then be appointed to the vessel, and will proceed in her to Bangkok. Regulation II. A vessel passing Paknam without dis- charging her guns and ammunition as directed in the foregoing regulation, will be sent back to Paknam to comply with its provisions, and will be fined 800 ticals for having so disobeyed. After delivery of her guns and ammunition she will be permitted to return to Bangkok to trade. Regulation III. When a British vessel shall have cast anchor at Bangkok, the master, unless a Sunday should intervene, will, within 24 hours after arrival, pro- ceed to the British Consulate, and deposit there his ship's papers, bills of lading, &c., together with a true manifest of his import cargo; and upon the Consul’s reporting these particulars to the Custom-House, permission to break bulk will at once be given by the latter. For neglecting so to report his arrival, or for present- ing a false manifest, the master will subject himself, in each instance, to a penalty of 400 ticals; but he will be allowed to correct, within 24 hours after delivery of it to the Consul, any mistake he may discover in his mani- fest, without incurring the above-mentioned penalty. Regulation IV. A British vessel breaking bulk, and commencing to discharge before due permission shall be 2 32 obtained, or smuggling, either when in the river or out- side the bar, shall be subject to the penalty of 800 ticals, and confiscation of the goods so smuggled or discharged. Regulation V. As soon as a British vessel shall have discharged her cargo, and completed her outward lading, paid all her duties, and delivered a true manifest of her outward cargo to the British Consul, a Siamese port- clearance shall be granted her on application from the Consul, who, in the absence of any legal impediment to her departure, will then return to the master his ship’s papers, and allow the vessel to leave. A Custom-House officer will accompany the vessel to Paknam ; and on arriving there she will be inspected by the Custom-House officers of that station, and will receive from them the guns and ammunition previously delivered into their charge. Regulation VI. Her Britannic Majesty’s Plenipo- tentiary having no knowledge of the Siamese language, the Siamese Government have agreed that the English text of these Regulations, together with the Treaty of which they form a portion, and the Tariff hereunto annexed, shall be accepted as conveying in every respect their true meaning and intention. (l. s.) John Bowring. (Signatures and seals of the 5 Siamese Plenipotentiaries.) Tariff of Export and Inland Duties to be levied on Articles of Trade. Section I. — The undermentioned Articles shall be entirely free from Inland or other Taxes, on production or transit, and shall pay Export Duty as follows : 2 33 1. Ivory 2. Gamboge 3. Rhinoceros horns 4. Cardamums, best 5. Cardamums, bastard 6. Dried mussels 7. Pelicans’ quills 8. Betel nut, dried 9. Krachi wood 10. Sharks’ fins, white 11. Ditto, black 12. Lukkrabau seed 13. Peacocks’ tails 14. Buffalo and cow bones 15. Rhinoceros hides 16. Hide cuttings 17. Turtle shells 18. Soft ditto 19. Beche de mer 20. Fish maws 21. Birds’ nests, uncleaned 22. Kingfishers’ feathers 23. Cutch 24. Beyche seed (JSiux Vomica). . . 25. Pungtarai seed 26. Gum Benjamin 27. Angrai bark 28. Agilla wood 29. Ray skins 30. Old deers’ horns 31. Soft, or young ditto 32. Deer hides, fine 33. Ditto, common 34. Deer sinews 35. Buffalo and cow hides 36. Elephants’ bones 37. Tigers’ bones 38. Buffalo horns 39. Elephants’ hides 40. Tigers’ skins 41. Armadillo skins 42. Sticklac 43. Hemp 2 Salung. Fuang Hun. 0 0 0 Per pecul. 0 0 0 “ 0 0 0 “ 0 0 0 “ 0 0 0 “ 0 0 0 “ 2 0 0 “ 0 0 0 “ 2 0 0 “ 0 0 0 “ 0 0 0 “ 2 0 0 “ 0 0 0 Per 100 tails. 0 0 3 Per pecul. 2 0 0 “ 10 0“ 0 0 0 “ 0 0 0 “ 0 0 0 “ 0 0 0 “ 20 per cent. 0 0 0 Per 100. 2 0 0 Per pecul. 2 0 0 “ 2 0 0 “ 0 0 0 “ 2 0 0 “ 0 0 0 “ 0 0 0 “ 10 0“ 10 per cent. 0 0 0 Per 100 hides. 0 0 0 “ 0 0 0 Per pecul. 0 0 0 “ 0 0 0 “ 0 0 0 “ 10 0“ 10 0“ 10 0 Per skin. 0 0 0 Per pecul. 10 0“ 2 0 0 “ Tieal. 10 6 50 14 6 1 2 1 0 6 3 0 10 0 0 0 1 1 3 3 6 0 0 0 4 0 2 3 0 8 3 4 1 1 5 0 0 0 4 1 1 34 Tical. Sailing. Fuang. Han. 44. Dried fish, Plaheng 1 2 0 0 Per pecul. 45. Ditto, Plasalit 1 0 0 0 “ 46. Sapan wood 0 2 1 0 “ 47. Salt meat 2 0 0 0 “ 48. Mangrove bark 0 1 0 0 “ 49. Rosewood 0 2 0 0 “ 50. Ebony 1 1 0 0 “ 51. Rice 4 0 0 0 Per koyan. Section II. — The undermentioned Articles being sub- ject to the Inland or Transit Duties herein named, and which shall not be increased, shall be exempt from Ex- port Duty. Tical. Salung. Fuang. Hun. 52. Sugar, white 0 2 0 0 Per pecul. 58. Ditto, red 0 1 0 0 “ 54. Cotton, cleaned and uncleaned 10 per cent. 55. Pepper 1 0 0 0 “ 56. Salt-fish, Platu 1 0 0 0 Per 10,000 fish. 57. Beans and peas One-twelfth. 58. Dried Prawns One-twelfth. 59. Tilseed One-twelfth. 60. Silk, raw One-twelfth. 61. Bees’-wax One-fifteenth. 62. Tallow 1 0 0 0 Per pecul. 63. Salt 6 0 0 0 Per koyan. 64. Tobacco 1 2 0 0 Per 1,000 bndls. Section III. — All goods or produce unenumerated in this Tariff shall be free of Export Duty, and shall only be subject to one Inland Tax or Transit Duty, not exceed- ing the rate now paid. (l. s.) John Bowring. (Signatures and seals of the 5 Siamese Plenipotentiaries.) 2 35 Great Britain, 1856. Agreement supplementary to the Treaty of Friend- ship and Commerce between Great Britain and Siam. — Signed at Bangkok, May 13, 1856. Agreement entered into between Harry Smith Parkes, Esq., on the part of Her Britannic Majesty’s Government, and the under-mentioned Royal Com- missioners, ON THE PART OF THEIR MAJESTIES THE FIRST and Second Kings of Siam. Mr. Parkes having stated, on his arrival at Bangkok, as bearer of Her Britannic Majesty’s ratification of the Treaty of Friendship and Commerce, concluded on the 18th day of April, 1855, between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and their Majesties Phra Bard Somdetch Phra Paramendr Maha Mongkut Phra Chom Klau Chau Yu Hua, the First King of Siam, and Phra Bard Somdetch Phra Pawarendr Ramesr Mahiswaresr Phra Pin Klau Chau Yu Hua, the Second King of Siam, that he was instructed by the Earl of Clarendon, Her Britannic Majesty’s Principal Secre- tary of State for Foreign Affairs, to request the Siamese Government to consent to an enumeration of those Arti- cles of the former Treaty, concluded in 1826, between the Honourable East India Company and their late Majesties the First and Second Kings of Siam, which are abrogated by the Treaty first named, and also to agree to certain explanations which appear necessary to mark the precise force and application of certain portions of the new Treaty; their aforesaid Majesties, the First and Second Kings of Siam, have appointed and empowered certain Royal Commissioners, namely, his Royal Highness Krom 2 36 Hluang Wong-sa Dbiraj Snidh, and their Excellencies the 4 Senaputhies or Principal Ministers of Siam, to confer and arrange with Mr. Parkes the matters above named; and the said Royal Commissioners having accordingly met Mr. Parkes for this purpose on repeated occasions, and maturely considered all the subjects brought by him to their notice, have resolved: That it is proper, in order to prevent future contro- versy, that those clauses of the old Treaty which are abrogated by the New Treaty should be distinctly speci- fied, and that any clause of the new Treaty which is not sufficiently clear should be fully explained. To this end they have agreed to and concluded the following 12 Articles : Art. I. — On the old Treaty concluded in 1826. The Articles of the old Treaty not abrogated by the new Treaty, are I, II, III, VIII, XI, XII, XIII, and XIV, and the under-mentioned clauses of Articles VI and X : In Article VI the Siamese desire to retain the follow- ing clause : “If a Siamese or English merchant buy or sell, with- out inquiring and ascertaining whether the seller or buyer be of a good or bad character, and if he meet with a bad man, who takes the property and absconds, the rulers and officers on either side must make search and endeavor to produce the property of the absconder, and investigate the matter with sincerity. If the party possess money or property, he can be made to pay ; but if he does not possess any, or if he cannot be apprehended, it will be the merchant’s own fault, and the authorities cannot be held responsible.” 2 37 Of Article X, Mr. Parkes desires to retain that clause relating to the overland trade, which states “Asiatic merchants of the English countries, not being Burmese, Pegouans, or descendants of Europeans, desiring to enter into and to trade with the Siamese dominions, from the countries of Mergui, Tavoy, Tenas- serim, and Ye, which are now subject to the English, will be allowed to do so freely overland and by water, upon the English furnishing them with proper certificates.” Mr. Parkes, however, desires that all British subjects, without exception, shall be allowed to participate in this overland trade. The said Royal Commissioners therefore agree, on the part of the Siamese, that all traders, under British rule, may cross from the British territories, of Mergui, Tavoy, Ye, Tenasserim, Pegu, or other places, by land or by water, to the Siamese territories, and may trade there with facility, on the condition that they shall be provided by the British authorities with proper certifi- cates, which must be renewed for each journey. The commercial agreement annexed to the Old Treaty is abrogated by the new Treaty, with the exception of the undermentioned clauses of Articles I and IV. Of Article I the Siamese desire to retain the following clause : “British merchants importing fire-arms, shot or gun- powder, are prohibited from selling them to any party but the Government. Should the Government not require such fire-arms, shot, or gunpowder, the merchants must re-export the whole of them.” Article IV stipulates that no charge or duty shall be levied on boats carrying cargo to British ships at the bar. The Siamese desire to cancel this clause, for the reason 2 38 that the old measurement duty of 1,700 ticals per fathom included the fees of the various officers ; but as this meas- urement duty has now been abolished, the Siamese wish to levy on each native boat taking cargo out to sea a fee of 8 ticals 2 sailings, this being the charge paid by Siamese traders; and Mr. Parkes undertakes to submit this point to the consideration of Her Majesty's Minister Plenipo- tentiary to the Court of Siam. Art. II. — On the exclusive Jurisdiction of the Consul over British Subjects. The Ilnd Article of the Treaty stipulates that — “Any disputes arising between British and Siamese subjects shall be heard and determined by the Consul in conjunc- tion with the proper Siamese officers; and criminal of- fenders will be punished, in the case of English offenders, by the Consul according to English laws, and, in the case of Siamese offenders, by their own laws, through the Siam- ese authorities; but the Consul shall not interfere in any matters referring solely to Siamese, neither will the Siam- ese authorities interfere in questions which only concern the subjects of Her Britannic Majesty.” On the non-interference of the Consul with the Siam- ese, or of Siamese with British subjects, the said Royal Commissioners desire in the first place, to state that while, for natural reasons, they fully approve of the Consul hold- ing no jurisdiction over Siamese in their own country, the Siamese authorities, on the other hand, will feel them- selves bound to call on the Consul to apprehend and pun- ish British subjects who shall commit, whilst in Siamese territory, any grave infractions of the laws, such as cut- ting, wounding, or inflicting other serious bodily harm. 2 39 But in disputes, or in offences of a slighter nature, com- mitted by British subjects among themselves, the Siamese authorities will refrain from all interference. With reference to the punishment of offences, or the settlement of disputes, it is agreed : That all criminal cases in which both parties are Brit- ish subjects, or in which the defendant is a British subject, shall be tried and determined by the British Consul alone. All criminal cases in which both parties are Siamese, or in which the defendant is a Siamese, shall be tried and determined by the Siamese authorities alone. That all civil cases in which both parties are British subjects, or in which the defendant is a British subject, shall be heard and determined by the British Consul alone. All civil cases in which both parties are Siamese, or in which the defendant is a Siamese, shall be heard and de- termined by the Siamese authorities alone. That whenever a British subject has to complain against a Siamese he must make his complaint through the British Consul, who will lay it before the proper Siam- ese authorities. That in all cases in which Siamese or British subjects are interested, the Siamese authorities in the one case, and the British Consul in the other, shall be at liberty to attend at, and listen to, the investigation of the case; and copies of the proceedings will be furnished from time to time, or whenever desired, to the Consul or the Siamese authorities, until the case is concluded. That although the Siamese may interfere so far with British subjects as to call upon the Consul, in the manner stated in this Article, to punish grave offences when com- mitted by British subjects, it is agreed that, 2 40 British subjects, their persons, houses, premises, lands, ships, or property of any kind, shall not he seized, injured, or in any way interfered with by the Siamese. In case of any violation of this stipulation, the Siamese author- ities will take cognizance of the case, and punish the of- fenders. On the other hand, Siamese subjects, their per- sons, houses, premises, or property of any kind, shall not be seized, injured, or in any way interfered with by the English; and the British Consul shall investigate and punish any breach of this stipulation. Art. III. — On the right of British Subjects to dispose of their Property at will. By the IVth Article of the Treaty, British subjects are allowed to purchase in Siam “houses, gardens, fields, or plantations.” It is agreed, in reference to this stipulation, that British subjects, who have accordingly purchased houses, gardens, fields, or plantations, are at liberty to sell the same to whomsoever they please. In the event of a British subject dying in Siam, and leaving houses, lands, or other property, his relations, or those persons who are heirs according to English law, shall receive possession of the said property; and the British Consul, or some one appointed by the British Consul, may proceed at once to take charge of the said property on their account. If the deceased should have debts due to him by the Siamese, or other persons, the Consul can collect them; and if the deceased should owe money, the Consul shall liquidate his debts as far as the estate of the deceased shall suffice. 2 41 Art. IV. — On the Taxes, Duties, or other Charges Leviable on British Subjects. The IVth Article of the Treaty provides for the pay- ment on the lands held or purchased by British subjects, of “the same taxation that is levied on Siamese subjects.” The taxes here alluded to are those set forth in the annexed schedule. Again, it is stated in the VUIth Article, that “British subjects are to pay import and export duties ac- cording to the tariff annexed to the Treaty.” For the sake of greater distinctness, it is necessary to add to these 2 clauses the following explanation, namely, that beside the land tax and the import and export duties, mentioned in the aforesaid Articles, no additional charge or tax of any kind may be imposed upon a British subject, unless it obtain the sanction both of the supreme Siamese author- ities and the British Consul. Art. V. — On Passes and Port Clearances. The Vth Article of the Treaty provides that passports shall be granted to travellers, and the Vth Article of the Regulations that port-clearances shall be furnished to ships. In reference thereto, the said Royal Commis- sioners, at the request of Mr. Parkes, agree that the pass- ports to be given to British subjects travelling beyond the limits assigned by the Treaty for the residence of British subjects, together with the passes for cargo-boats and the port clearances of British ships, shall be issued within 24 hours after formal application for the same shall have been made to the proper Siamese authorities; but if reasonable cause should, at any time exist for delaying or withholding the issue of any of these papers, the 2 42 Siamese authorities must at once communicate it to the Consul. Passports for British subjects travelling in the inte- rior, and the port-clearances of British ships, will be granted by the Siamese authorities free of charge. Art. VI. — On the Prohibition of the Exportation of Rice, Salt, and Fish, and on the Duty on Paddy. The VUIth Article of the Treaty stipulates, that “whenever a scarcity may be apprehended of salt, rice, and fish, the Siamese Government reserve to themselves the right of prohibiting by public proclamation the exportation of these articles/’ Mr. Parkes in elucidation of this clause, desires an agreement to this effect, namely, that a month's notice shall be given by the Siamese authorities to the Consul, prior to the enforcement of the prohibition, and that British subjects who may previously obtain special per- mission from the Siamese authorities to export a certain quantity of rice which they have already purchased, may do so even after the prohibition comes in force. Mr. Parkes also requests that the export duty on paddy should be half of that on rice, namely, 2 ticals per koyan. The said Royal Commissioners having in view the fact that rice forms the principal sustenance of the nation, stipulate that on the breaking out of war or rebellion, the Siamese may prohibit the trade in rice, and may enforce the prohibition so long as the hostilities thus occasioned shall continue. If a dearth should be apprehended on account of the want or excess of rain, the Consul will be informed 1 month previous to the enforcement of the prohibition. British merchants who 2 43 obtain the Royal permission, upon the issue of the procla- mation, to export a certain quantity of rice which they have already purchased, may do so, irrespective of the prohibition to the contrary ; but those merchants who do not obtain the Royal permission will not be allowed, when the prohibition takes effect, to export the rice they may already have purchased. The prohibition shall be re- moved as soon as the cause of its being imposed shall have ceased to exist. Paddy may be exported on payment of a duty of 2 ticals per koyan, or half the amount levied on rice. Art. VII. — On Permission to import Gold-Leaf as Bullion. Under the Vlllth Article of the Treaty, bullion may be imported or exported free of charge. With reference to this clause, the said Royal Commissioners, at the re- quest of Mr. Parkes, agree that foreign coins of every denomination, gold and silver in bars or ingots, and gold- leaf, may be imported free; but manufactured articles in gold and silver, plated ware, and diamonds or other precious stones, must pay an import duty of 3 per cent. Art. VIII. — On the establishment of a Custom-House. The said Royal Commissioners, at the request of Mr. Parkes, and in conformity with the intent of the VHIth Article of the new Treaty, agree to the immediate establishment of a Custom-House, under the superintend- ence of a high Government functionary, for the examina- tion of all goods landed or shipped, and the receipt of the import and export duties due thereon. They further agree that the business of the Custom-House shall be 2 44 conducted under the regulations annexed to this Agreement. Art. IX. — On the subsequent Taxation of Articles NOW FREE FROM DUTY. Mr. Parkes agrees with the said Royal Commissioners that whenever the Siamese Government deem it to be beneficial for the country to impose a single tax or duty on any article not now subject to a public charge of any kind, they are at liberty to do so, provided that the said tax be just and reasonable. Art. X. — On the Boundaries of the Four-Mile Circuit. It is stipulated in the IVth Article of the Treaty, that “British subjects coming to reside at Bangkok, may rent land and buy or build houses, but cannot purchase lands within a circuit of 200 sen (not more than 4 miles Eng- lish) from the city walls, until they shall have lived in Siam for 10 years, or shall obtain special authority from the Siamese Government to enable them to do so.” The points to which this circuit extends, due north, south, east, and west of the city, and the spot where it crosses the river below Bangkok, have accordingly been measured by officers on the part of the Siamese and Eng- lish ; and their measurements, having been examined and agreed to by the said Royal Commissioners and Mr. Parkes, are marked by stone pillars placed at the under- mentioned localities, viz. : On the North . — One sen north of Wat Kemabhira- taram. On the East . — Six sen and 7 fathoms south-west of Wat Bangkapi. On the South . — About 19 sen south of the village of Bangpakeo. 2 45 On the West . — About 2 sen south-west of the village of Bangphrom. The pillars marking the spot where the circuit line crosses the river below Bangkok are placed on the left bank, 3 sen below the village of Bangmanau, and on the right bank, about 1 sen below the village of Banglam- puluen. Art. XI. — On the Boundaries of the 24 Hours’ Journey. It is stipulated in Article IV of the Treaty, that “ex- cepting within the circuit of 4 miles, British merchants in Siam may at any time buy or rent houses, lands, or plantations, situated anywhere within a distance of 24 hours’ journey from the city of Bangkok, to be computed by the rate at which boats of the country can travel.” The said Royal Commissioners and Mr. Parkes have consulted together on this subject, and have agreed that the boundaries of the said 24 hours’ journey shall be as follows : 1. On the North . — The Bangputsa Canal, from its mouth on the Chow Phya River, to the old city walls of Lobpury ; and a straight line from Lobpury to the landing- place of Tha Phra-ngam, near to the town of Saraburi, on the River Pasak. 2. On the East . — A straight line drawn from the land- ing-place of Tha Phra-ngam to the junction of the Klong- kut Canal with the Bangpakong River; the Bangpakong River from the junction of the Klongkut Canal to its mouth, and the coast from the mouth of the Bangpakong River, to the Isle of Srimaharajah, to such distance inland as can be reached within 24 hours’ journey from Bangkok. 2 46 3. On the South . — The Isle of Srimaharajah and the Islands of Se Chang, on the east side of the Gulf ; and the city walls of Petchaburi, on the west side. 4. On the West . — The western coast of the Gulf to the mouth of the Meklong River, to such a distance inland as can be reached within 24 hours’ journey from Bangkok. The Meklong River, from its mouth to the city walls of Rajpury ; a straight line from the city walls of Rajpury to the town of Subharnapury ; and a straight line from the town of Subharnapury to the mouth of the Bangputsa Canal, on the Chow Phya River. Art. XII. — On the incorporation in the Treaty of this Agreement. The said Royal Commissioners agree, on the pare of the Siamese Government, to incorporate all the Articles of this Agreement in the Treaty concluded by the Siamese Plenipotentiaries and Sir John Bowring, on the 18th of April, 1855, whenever this shall be desired by Her Britan- nic Majesty’s Plenipotentiary. In witness whereof the said Harry Smith Parkes, and the said Royal Commissioners, have sealed and signed this Agreement, in duplicate, at Bangkok, on the 13th day of May, in the year 1856 of the Christian era, corresponding to the 9th day of the waxing moon of the lunar month of Wesakh, in the year of the quadruped serpent, being the year 1218 of the Siamese astronomical era, which is the 19th of Her Britannic Majesty’s, and 6th of their present Siamese Majesties’ reigns. (l. s.) Harry S. Parkes. (Signatures and Seals of the 5 Royal Commissioners.) 2 47 Schedule op Taxes on Garden-ground, Plantations, or other Lands. Section I. Trenched or raised lands planted with the following 8 sorts of fruit-trees are subject to the long assessment, which is calculated on the trees grown on the land, and not on the land itself; and the amount to be collected annually by the proper officers, and paid by them into the Royal Treasury, is endorsed on the title- deeds or official certificate of tenure. 1. Betel-nut Trees, 1st Class (Makek), height of stem from 3 to 4 fathoms, pay per tree 138 cowries. 2nd Class (Makto), height of stem from 5 to 6 fathoms, pay per tree 128 “ 3rd Class (Maktri), height of stem from 7 to 8 fathoms, pay per tree 118 “ 4th Class (Mak Pakarai), trees just com- mencing to bear, pay per tree 128 “ 5th Class (Mak lek), height of stem from 1 sok and upwards to size of 4th Class, pay per tree 50 “ 2. Cocoa-nut Trees, Of all sizes, from 1 sok and upwards in height of stem, pay per 3 trees 1 salung. 3. Siri Vines, All sizes, from 5 sok in height and up- wards, pay per tree or pole when trained on tunglang trees 200 cowries. 4. Mango Trees, Stem of 4 kam in circumference at the height of 3 sok from the ground, or from that size and upwards, pay per tree 1 fuang. 5. Map’rang Trees Are assessed at the same rate as mango trees. 2 48 6. Durian Trees, Stem of 4 kam in circumference at the height of 3 sok from the ground, or from that size and upwards, pay per tree 1 tical 7. Mangosteen Trees, Stem of 2 kam in circumference at the height of 1^/2 sok from the ground, pay per tree 1 fuang. 8. Langsat Trees Are assessed at the same rate as Mango- steen trees. Note . — The long assessment is made under ordinary circumstances once only in each reign, and plantations or lands having once been assessed at the above- mentioned rates, continue to pay the same annual sum, which is endorsed on the official certificate of tenure (subject to remissions granted in case of the destruction of the trees by drought or flood ) until the next assess- ment is made, regardless of the new trees that may have been planted in the interval, or the old trees that may have died off. When the time for a new assessment arrives, a fresh account of the trees is taken, those that have died since the former one being omitted, and those that have been newly planted being inserted, provided they have obtained the above-stated dimensions; other- wise they are free of charge. Section II. — Trenched or raised lands planted with the following 8 sorts of fruit-trees are subject to an annual assessment, calculated on the trees grown on the lands, in the following manner, that is to say : 1. Orange Trees, Five kinds (Som Kio wan, Som pluck bang, Som l’eparot, Som Ivao Sungo), stem of 6 ngiu in circumference close to the ground, or from that size and upwards, pay per 10 trees All other kinds of orange trees of the same size as the above, pay per 15 trees .... 1 fuang. 2 1 49 2. Jack-fruit Trees, Stem of 6 kam in circumference, at the height of 2 sok from the ground, or from that size and upwards, pay per 15 trees 3. Bread-fruit Trees, Are assessed at the same rate as jack-fuit trees. 4. Mak Fai Trees, Stem of 4 kam in circumference, at the height of 2 sok from the ground, or from that size and upwards, pay per 12 trees 5. Guava Trees, Stem of 2 kam in circumference, at the height of 1 kub from the ground, or from that size and upwards, pay per 12 trees 6. Saton Trees, Stem of 6 kam in circumference, at the height of 2 sok from the ground, or from that size and upwards, pay per 5 trees 7. Rambutan Trees, Stem of 4 kam in circumference, at the height of 2 sok from the ground, or from that size and upwards, pay per 5 trees 8. Pine Apples, Pay per 1,000 plants 1 fuang. 1 “ 1 “ 1 “ 1 fuang 1 sailing. Section III. — The following 6 kinds of fruit-trees, when planted in trenched or untrenched lands, or in any other manner than as plantations subject to the long assessment described in Section I, are assessed annually at the undermentioned rates : Mangoes 1 fuang Tamarinds 1 do. Custard Apples 1 do. Plaintains 1 do. Siri Vines (trained on poles) . . .1 do. Pepper Vines 1 do. 2 per tree, per 2 trees per 20 do. per 50 roots, per 12 vines, per 12 do. 50 Section TV. — Trenched or raised lands planted with annuals of all sorts, pay a land tax of 1 salung and 1 fuang per rai for each crop. An annual fee of 3 salungs and 1 fuang is also charged by the Nairowang (or local tax collector) for each lot or holding of trenched land for which an official title or certificate of tenure has been taken out. When held under the long assessment, and planted with the 8 sorts of fruit-trees described in Section I, the annual fee paid to the Nairowang for each lot or holding of trenched land for which an official title or certificate of tenure has been taken out, is 2 sailings. Section V. — Fntrenched or low lands, planted with annuals of all sorts, pay a land tax of 1 salung and 1 fuang per rai for each crop. No land tax is levied on these lands if left unculti- vated. Sixty cowries per tical are levied as expenses of test- ing the quality of the silver on all sums paid as taxes under the long assessment. Taxes paid under the annual assessment are exempted from this charge. Lands having once paid a tax according to one or other of the above-mentioned rates, are entirely free from all other taxes or charges. ( l.s. ) Harry S. Parkes. (Signatures and Seals of the 5 Royal Commissioners.) Customs-House Regulations. 1. A Custom-House is to be built at Bangkok, near to the anchorage, and officers must be in attendance there between 9 a. m. and 3 p. M. The business of the Custom- House must be carried on between those hours. The tide- waiters, required to superintend the landing or shipment 2 51 of goods, will remain in waiting for that purpose from daylight until dark. 2. Subordinate Custom-House officers shall be ap- pointed for each ship ; their number shall not be limited, and they may remain on board the vessel or in boats alongside. The Custom-House officers appointed to the vessels outside the bar will have the option of residing on board the ships, or of accompanying the cargo-boats on their passage to and fro. 3. The landing, shipment, or transshipment of goods may be carried on only between sunrise and sunset. 4. All cargo landed or shipped shall be examined and passed by the Custom-House officers within 12 hours of daylight, after the receipt of the Custom-House of the proper application. The manner in which such applica- tion and examination is to be made shall be settled by tin Consul and the Superintendent of Customs. 5. Duties may be paid by British merchants in ticals, foregn coin, or bullion, the relative values of which will be settled by the Consul and the proper Siamese officers. The Siamese will appoint whomsoever they may please to receive payment of the duties. 6. The Receiver of Duties may take from the mer- chants 2 sailings per catty of 80 ticals for testing the money paid to him as duties; and for each stamped re- ceipt given by him for duties he may charge G sailings. 7. Both the Superintendent of Customs and the British Consul shall be provided with sealed sets of balance yards, money weights, and measures, which may be referred to in the event of any difference arising with the merchants as to the weight or dimensions of money or goods. (l. s.) Harry S. Parkes. (Signatures and Seals of the 5 Royal Commissioners.) 2 52 United States, 1856. Treaty of Peace, Friendship, Commerce and Navi- gation, between The United States and Siam. — Signed at Bangkok, May 29, 1856. (Ratifications exchanged at Bangkok, June 15, 1857.) The President of the United States of America, and their Majesties Phra-Bard, Somdetch, Phra-Paramendr, Maha, Mongkut, Plira, Chom, Klau, Chau, Yu, Hua, the first King of Siam and Plira, Bard, Somdetch Phra, Pawarendr, Ramesr, Mahiswaresr, Phra, Pin Klau, Chau, Yu, Hua, the second King of Siam, desiring to establish upon firm and lasting foundations the relations of peace and friendship existing between the 2 countries, and to secure the best interest of their respective citizens and subjects by encouraging, facilitating, and regulating their industry and trade, having resolved to conclude a Treaty of Amity and Commerce for this purpose, and have there- fore named as Plenipotentiaries ; that is to say, the Presi- dent of The United States, Townsend Harris, Esq., of New York, Consul-General of the United States of America for the Empire of Japan, and their Majesties the first and second Kings of Siam, His Royal Highness the Prince Krom Hluang, Wongsa, Dhiraj, Snidh, his Excellency Somdetch, Chau, Phaya, Parana, Maha, Bijai, Neate, his Excellency Chau, Phaya, Sri, Suriwongse, Samulia, Phra, Kralahom, his Excellency Chau, Phaya, Rawe, Wongee, Maha, Ivosa, Dhipade, the Phra Klang his Excellency Chau, Phaya, Yomray, the Lord Mayor, who, after having communicated to each other their re- 2 53 spective full powers, and found them to be in good and due form, have agreed upon and concluded the following Articles : Art. I. There shall, henceforward, be perpetual peace and friendship between The United States and their Majesties the first and second Kings of Siam and their successors. All American citizens coming to Siam shall receive from the Siamese Government full protection and assis- tance to enable them to reside in Siam in all security, and trade with every facility, free from oppression or in- jury on the part of the Siamese. Inasmuch as Siam has no ships trading to the ports of The United States, it is agreed that the ships-of-war of The United States shall render friendly aid and assistance to such Siamese ves- sels as they may meet on the high seas, so far as can be done without a breach of neutrality; and all American Consuls, residing at ports visited by Siamese vessels, shall also give them such friendly aid as may be permitted by the law of the respective countries in which they reside. II. The interests of all American citizens coming to Siam shall be placed under the regulations and control of a Consul, who will be appointed to reside at Bangkok. He will himself conform to and will enforce the observ- ance by American citizens of all the provisions of this Treaty, and such of the former Treaty, negotiated by Mr. Edmund Roberts, in 1833, as shall still remain in opera- tion. He shall also give effect to all rules and regula tions as are now or may hereafter be enacted for the gov- ernment of American citizens in Siam, the conduct of their trade, and for the prevention of violations of the 2 54 laws of Siam. Any disputes arising between American citizens and Siamese subjects shall be heard and de- termined by the Consul, in conjunction with the proper Siamese officers; and criminal offences w r ill be punished, in the case of American offenders, by the Consul, accord- ing to American laws, and in the case of Siamese offend- ers, by their own laws, through the Siamese authorities. But the Consul shall not interfere in any matters re- ferring solely to Siamese; neither will the Siamese au- thorities interfere in questions which only concern the citizens of The United States. III. If Siamese in the employ of American citizens offend against the laws of their country, or if any Siamese, having so offended, or desiring to desert, take refuge with American citizens in Siam, they shall be searched for, and, upon proof of their guilt or desertion, shall be delivered up by the Consul to the Siamese au- thorities. In like manner, any American offenders, resi- dent or trading in Siam, who may desert, escape to, or hide themselves in Siamese territory shall be appre- hended and delivered over to the American Consul on his requisition. IV. American citizens are permitted to trade freely in all the seaports of Siam, but may reside permanently only at Bangkok, or within the limits assigned by this Treaty. American citizens coming to reside at Bangkok may rent land and buy or build houses, but cannot purchase land within a circuit of 200 sen (not more than 4 miles English) from the city walls, until they shall have lived in Siam for 10 years, or shall obtain special authority 2 55 from the Siamese Government to enable them to do so. But with the exception of this limitation American resi- dents in Siam may, at any time, buy or rent houses, lands, or plantations situated anywhere within a distance of 24 hours’ journey from the city of Bangkok, to be com- puted by the rate at which boats of the country can travel. In order to obtain possession of such lands or houses, it will be necessary that the American citizen shall, in the first place, make application through the Consul to the proper Siamese officer, and the Siamese offi- cer and the Consul, having satisfied themselves of the hon- est intentions of the applicant, will assist him in settling, upon equitable terms, the amount of the purchase money; will make out and fix the boundaries of the property, and will convey the same to the American purchaser under sealed deeds, whereupon he and his property shall be placed under the protection of the Governor of the district, and that of the particular local authorities. He shall con- form in ordinary matters to any just direction given him by them, and will be subject to the same taxation that is levied on Siamese subjects. But if, through negligence, the want of capital, or other cause, an American citizen should fail to commence the cultivation or improvements of the lands so acquired within a term of 3 years from the date of receiving possession thereof, the Siamese Govern- ment shall have the power of resuming the property upon returning to the American citizen the purchase-money paid by him for the same. V. All American citizens visiting or residing in Siam shall be allowed the free exercise of their religion, and liberty to build places of worship in such localities as 2 56 shall be consented to by the Siamese authorities. The Siamese Government will place no restriction upon the employment by the Americans of Siamese subjects as servants, or in any other capacity. But wherever a Siamese subject belongs or owes service to some par- ticular master, the servant who engages himself to an American citizen without the consent of his master may be reclaimed by him, and the Siamese Government will not enforce an agreement between an American citizen and any Siamese in his employ, unless made with the knowledge and consent of the master who has a right to dispose of the services of the person engaged. VI. American ships-of-war may enter the river and anchor at Paknam ; but they shall not proceed above Paknam unless with the consent of the Siamese authori- ties, which shall be given where it is necessary that a ship shall go into dock for repairs. Any American ship- of-war conveying to Siam a public functionary, accredited by the American Government to the Court of Bangkok, shall be allowed to come up to Bangkok, but shall not pass the forts called Phrachamit and Pit-pachnuck, unless expressly permitted to do so by the Siamese Government. But, in the absence of an American ship-of-war, the Siamese authorities engage to furnish the Consul with a force sufficient to enable him to give effect to his authority over American citizens, and to enforce discipline among American shipping. VII. The measurement duty hitherto paid by Ameri- can vessels trading to Bangkok under the Treaty of 1833 shall be abolished from the date of this Treaty coming 2 57 into operation, and American shipping or trade will thenceforth only be subject to the payment of import and export duties on the goods landed or shipped. On the articles of import the duty shall be 3 per cent., payable, at the option of the importer, either in kind or money, calculated upon the market value of the goods. Drawback of the full amount of duty shall be allowed upon goods found unsaleable and re-exported. Should the American merchant and the Custom-House officers disagree as to the value to be set upon imported articles, such disputes shall be referred to the Consul and a proper Siamese officer, who shall each have the power to call in an equal number of merchants as assessors, not exceed- ing 2 on either side, to assist them in coming to an equitable decision. Opium may be imported free of duty, but can only be sold to the opium farmer or his agents. In the event of no arrangement being effected with them for the sale of the opium, it shall be re-exported, and no impost or duty (shall be) levied thereon. Any infringement of this regulation shall subject the opium to seizure and confiscation. Articles of export, from the time of production to the date of shipment, shall pay one impost only, whether this be levied under the name of inland tax, transit duty, or duty on exportation. The tax or duty to be paid on each article of Siamese produce previous to or upon exportation is specified in the tariff attached to this Treaty ; and it is distinctly agreed that goods or produce that pay any description of tax in the interior shall be exempted from any further payment of duty on exporta- tion. American merchants are to be allowed to purchase 2 58 directly from tlie producer the articles in which they trade, and in like manner to sell their goods directly to the parties wishing to purchase the same without the inter- ference in either case of any other person. The rates of duty laid down in the tariff attached to this Treaty are those that are now paid upon goods or produce shipped in Siamese or Chinese vessels or junks; and it is agreed that American shipping shall enjoy all the privileges now exercised by, or which hereafter may be granted to, Siamese or Chinese vessels or junks. American citizens will be allowed to build ships in Siam on obtaining permission to do so from the Siamese authorities. Whenever a scarcity may be apprehended of salt, rice, and fish, the Siamese Government reserve to themselves the right of prohibiting by public proclamation the ex- portation of these articles, giving 30 days’ (say thirty days) notice, except in case of war. Bullion or personal effects may be imported or exported free of charge. VIII. The code of regulations appended to this Treaty shall be enforced by the Consul, with the co-operation of the Siamese authorities; and they, the said Authorities and Consul, shall be enabled to introduce any further regulations which may be found necessary in order to give effect to the objects of this Treaty. All fines and penalties inflicted for infraction of the provisions and regulations of this Treaty shall be paid to the Siamese Government. IX. The American Government and its citizens will be allowed free and equal participation in any privileges 2 59 that may have been or may hereafter be granted by the Siamese Government to the Government, citizens, or sub- jects of any other nation. X. After the lapse of 10 years from the date of the ratification of this Treaty, upon the desire of either the American or Siamese Government, and on 12 months’ notice given by either party, the present, and such por- tions of the Treaty of 1833 as remain unrevoked by this Treaty, together with the tariff and regulations there- unto annexed, or those that may hereafter be introduced, shall be subject to revision by Commissioners appointed on both sides for this purpose, who will be empowered to decide on and insert therein such amendments as experi- ence shall prove to be desirable. XI. This Treaty, executed in English and Siamese, both versions having the same meaning and intention, shall take effect immediately, and the ratifications of the same shall be exchanged at Bangkok within 18 months from the date thereof. In witness whereof, the above-named Plenipotentiaries have signed and sealed the present Treaty in triplicate at Bangkok, on the 29th day of May, in the year 1856 of the Christian era, and of the Independence of The United States the 80th, corresponding to the 10th of the waning moon of the lunar month, Wesakh, or 6th month of the year of the Quadruped Serpent of the Siamese civil era, 1218, and the 6th of the reign of their Majesties the 1st and 2nd Kings of Siam. (l.s.) Townsend Harris. ( Signatures and Seals of Siamese Plenipotentiaries. ) 2 60 Here follow General Regulations under which American Trade is TO BE CONDUCTED IN SlAM. AND Tariff of Export and Inland Duties to be levied on Articles of Trade, substantially the same as those attached to the Treaty with Great Britain, April 18, 1855. 2 61 France, 1856. Decret Imperial portant promulgation du TraitS d’AmitiS, de Commerce et de Navigation, conclu le 15 AoCT, 1856, ENTRE LA FRANCE ET LE SlAM. — PARIS, LE 28 Decembre, 1857. Napoleon, par la grace de Dieu et la volonte nationale, Empereur des Frangais, & tons presente et & venir, salut. Sur le rapport de notre Ministre Secretaire d’Etat au Departement des Affaires Etrangeres, Avons decrete et decretons ce qui suit : Art. I. Un Traite d’Amitie, de Commerce et de Navi- gation ayant ete signe entre la France et le Royaume de Siam, le 15 Aout, 1856, et les ratifications de cet acte ayant ete echangees a Bangkok, le 21 AoPt 1857, le dit Traite, dont la teneur suit, recevra sa pleine et entiere execution. Traits. Sa Majeste l’Empereur des Frangais et Leurs Majest^s Phrabath Somdet Phrabaramend Mahamakout South- asamouti Thephaya Phongsavongsadit Vorakrasatri Vorakhatya Raxani Ivarodom Chaturanta Boroma Maha Chakraphati Raxa Sangkat Boroma Thamika Maha Raxathirat Boromanaroth Bopliith Phra Chom Klao Chao You Houa, premier Roi de Siam, et Phrabath Somdet Phrabovorentharamesoum Mahisvaret Raxan Mahanta- voradexo Xaya Maholan Ivhoun Adoundet Sarapha Thevesaranouraka Bovora Choula Chakraphati Raxa Sangkat Bovora Thamika Raxa Bophith Phra Pin Klao Chao You Houa, second Roi de Siam, voulant etablir sur des bases stables les rapports de bonne harmonie qui 2 G2 existent entre eux, et favoriser le developpement des relations commerciales entre leurs Etats respectifs, ont resolu de conclure un Traite d’Amitie, de Commerce et de Navigation, fonde snr l’interet commun des deux Pays, et ont, en consequence, nomine pour leurs Plenipoten- tiaires, savoir: Sa Majeste l’Empereur des Fran^ais, M. Charles- Louis-Nicolas-Maximilien de Montigny, Officier de l’Ordre Imperial de la Legion* d’Honneur, Commandeur de l’Ordre Militaire de Gregoire-le-Grand, Officier de FOrdre de l’lndependance Grecque, Chevalier de FOrdre Royal de la Conception de Villa-Vigosa, de FOrdre d' Isabelle la- Catholique et de FOrdre du Sauveur de Grece; Et Leurs Majestes les premier et second Rois de Siam, son Altesse Phra Chao Nougyathen Kromalouang Vougsathiraxa Sanith ; son Excellence Somdet Chao Phraya Boroma Maha Phixayati Naranetra Naroth Raxa Sourya Vongsa Sakonla Phongsa Patittha Moukha Mata- yathibodi Traya Sarana si Batana Chada Sakonla Maha Rava xati Benthon Paramento Maha Raxa Varo Prakan Maho Dexanouphab Bophith, charge du gouvernement de la capitale; son Excellence Chao Phraya sisourivong Samanta Phonxa Phisoutha Maha Bourout Ratanodom, remplissant les fonctions de Ministre de la Guerre, et charge du gouvernement general des provinces du sud- ouest; son Excellence Chao Phraya Ravivongsa Mahako- satibodi, remplisant les fonctions de Ministre des Affaires Etrangeres et charge du gouvernement general des prov- inces du sud-est ; et son Excellence Chao Phraya Yomarat Xatisenangkla Narinthon Maliintharatibodi Sivixai Raxa Mahaya Souen Borirak Phoumi Phithak Lokakarathanta Ritti Nakhouban, Ministre de la Justice; 2 63 Lesquels, apres s’etre communique leurs pleins pou- voirs et les avoir trouves en bonne et due forme, sont convenus des Articles suivants : Art. I. II y aura paix constante et amitie perpetuelle entre Sa Majeste l'Empereur des Frangais, ses lieritiers et successeurs, d'une part, et Leurs Majestes les premier et second Rois de Siam, leurs lieritiers et successeurs d’autre part, ainsi qu’entre les sujets des deux Etats sans exception de personnes ni de lieux. Les sujets de chacun des deux Pays jouiront dans l’autre d'une pleine et entiere protection pour leurs personnes et leurs proprietes, conformement aux lois qui sont etablies, et auront reciproquement droit h tous les privileges et avantages qui sont ou pourront etre accordes aux sujets des nations etrangeres les plus favorisees. Les sujets et les navires de commerce Siamois recevront, en outre, h l’etranger, aide et protection des Consuls et des batiments de guerre Frangais. II. Les Hautes Parties Contractantes se reconnaissent reciproquement le droit de nommer des Consuls et Agents Consulates pour resider dans leurs Etats respectifs. Ces Agents protegeront les interets et le commerce de leurs nationaux les obligeront de se conformer aux dispositions du present Traite, serviront d’inter- mediaire entre eux et les autorites du pa} r s, et veilleront ^ la stricte execution des reglements stipules. Les Con- suls ne devront entrer en fonctions qu’avec l'exequatur du Souverain territorial. Ils jouiront, ainsi que les Agents Consulates et les chanceliers de Consulat, de tous les privileges et immunites qui pourront etre accordes dans leur residence aux Agents de merne rang de la 2 64 nation la plus favorisee. Les Consuls et Agents Con- sulates de France pourront arborer le pavilion Frangais sur leur habitation. II pourra etre etabli un Consul de France h Bangkok aussitot apres l’echange des ratifications du present Traite. En cas d’absence du Consul ou de l’Agent Consulaire, les capitaines et negociants Frangais auront la faculte de recourir a l’intervention du Consul d’une Puissance ami, ou bien, s'il n'y avait pas possibility de le faire, de s’adresser directement aux autorites locales lesquelles aviseront aux moyens de leur assurer tous les benefices du present Traite. III. Les sujets Frangais jouiront, dans toute l’etendue du Royaume de Siam, de la faculte de pratiquer leur religion ouvertement et en toute liberte, et de batir des eglises dans les endroits que l’autorite locale, apres s’etre concertee avec le Consul de France, aura design£s comme pouvant etre affectes a ces constructions. Les missionnaires Frangais auront la faculte de precher et d’enseigner, de construire des eglises, des seminaires ou ecoles, des hopitaux et autres edifices pieux, sur un point quelconque du Royaume de Siam, en se con- formant aux lois du pays. I Is voyageront en toute liberte dans toute l’etendue du Royaume, pourvu qu’ils soient porteurs de lettres authentiques du Consul de France, ou, en son absence, de leur eveque, revetues du visa du Gouverneur-General, resident il Bangkok, dans la juridiction duquel se trou- veront les provinces ou ils voudront se rendre. 2 65 IV. Tous les Frangais qui voudront resider dans le Royaume de Siam devront se faire immatriculer dans la chancellerie du Consul at de France it Bangkok. Toutes les fois qu’un Fran^ais aura it recourir it l’autorite Siamoise, sa demande ou reclamation devra d'abord etre soumise au Consul de France, qui, si elle lui parait raisonnable et convenablement redigee, lui donnera suit, et qui, s’il en est autrement, en fera modifier la teneur ou refusera de la transmettre. Les Siamois de leur cote, lorsqu’ils auront it s’adresser au Consulat de France, devront suivre une marche analogue aupres de 1’ autorite Siamoise, laquelle agira de la meme maniere. V. Les sujets Frangais sont autorises it se transporter dans le Royaume de Siam, it s’y livrer au commerce en toute security, it acheter et a vendre des marchandises it qui bon leur semblera, sans que cette liberte puisse etre entravee par aucun monopole ou privilege exclusif de vente ou d’achat. Mais ils ne pourront resider d’une maniere permanente qu’it Bangkok, et, autour de cette ville, dans un rayon d’une etendue egale it l’espace par- couru en 24 lieures par les bateaux du pays. Dans l’interieur de ces limites, ils pourront, en tout temps, acheter, vendre, loner et batir des maisons, former des depots ou magasins d’approvisionnements, acheter, ven- dre et afferiner des terrains et des plantations. Toutefois, lorsqu’ils voudront acheter des terrains situes it moins de six kilometres des murs de Bangkok, il sera necessaire qu’ils y soient specialement autorises par le Gouverne- ment Siamois, a moins qu’ils n’aient dejii reside pendant dix annees dans le Royaume de Siam. 2 66 Lorsqu’un Frangais voudra acquerir un immeuble, il devra s’adresser, par Pinterm6diaire du Consul de France, & l’autorite locale competente, laquelle, de concert ayec le Consul, l’aidera ?i regler le prix d’achat a des conditions equitables et lui delivrera son titre de propriety, apres avoir fait la delimitation de l’immeuble. L’acquereur devra, d’ailleurs, se conformer aux lois et reglements du pays, et sera assujetti, en ce qui concerne sa propriety, aux inemes irnpots que les sujets Siamois eux-memes. Mais, si le terrain ainsi achete n’etait pas exploite dans un d£lai de trois annees, it partir du jour de Fentree en possession, le Gouvernement Siamois aurait la faculte de resilier le inarehe, en remboursant l’acheteur le prix d’acquisition. VI. Les Frangais pourront, dans le Royaume de Siam, choisir librement et prendre & leur service, comme inter- pretes, ouvriers, bateliers, domestiques, on h tout autre titre, des Siamois non corveable et libres de tout engage- ment anterieur. Les autorites locales tiendront la main & ce que les arrangements intervenus & cet egard soient strictement executes. Les Siamois au service des Frangais jouiront, d’ailleurs, de la meme protection que les Frangais eux-meme, mais s'ils etaient convaincus de quelque crime oil infraction punissable par la loi de leur pays, ils seraient livres par le Consul de France aux autorit£s locales. VII. Les Frangais ne pourront etre retenus, contre leur volont6 dans le Royaume de Siam, it moins que les autorites Siamoises ne prouvent au Consul de France qu’il existe des motifs legitimes de s’opposer k leur 2 67 depart. Lorsqu’ils voudront depasser les limites fixees par le present Traite pour la residence des sujets Frangais et voyager dans l’interieur, ils devront se procurer un passe-port, qui leur sera delivre, sur la demande du Consul, par les autorites Siamoises. Si ces Frangais sont des savants, tels que naturalistes et autres, voyageant pour le progres des sciences, ils recevront de Pautorite Siamoise tous les soins et bons offices de nature it les aider dans l'accomplissement de leur mission ; inais ils ne devront se livrer a aucune exploitation durable sans Pautorisation du Gouverneinent Siamois. Dans les limites fixees par le present Traite, les Frangais pourront circuler sans entraves ni retards d’aucune sorte, pourvu qu’ils soient munis d’une passe delivree par le Consul de France, laquelle devra contenir l’indication, en caraeteres Siamois, de leurs noms, profes- sion et signalement, et etre revetue du contre-seing de Pautorite Siamoise competente. Les Frangais qui ne seraient pas porteurs de cette passe, et qui seraient soupgonnes d’etre deserteurs, devront etre arretes par P auto rite Siamoise et ramenes immediatement au Consul de France avec tous les egards dus aux sujets d’une nation amie. VIII. Lorsqu’un Frangais residant ou de passage dans le Royaiune de Siam aura quelque sujet de plainte ou quelque reclamation it formuler contre un Siamois, il devra d’abord exposer ses griefs au Consul de France, qui, apres avoir examine l'affaire, s’efforcera de l’arranger aimablement. De menie, quand un Siamois aura it se plaindre d’un Frangais, le Consul ecoutera sa reclama- 2 68 tion avec interet et chercliera a menager un arrangement aimable; mais si, dans l’un on l’autre cas, la chose etait impossible, le Consul requerra l’assistance du fonction- naire Siamois competent, et toils deux, apres avoir examine conjointement P affaire, statueront suivant Pequite. Le Consul de France s’abstiendra de toute interven- tion dans les contestations entre sujets Siamoise on entre des Siamois et des etrangers. De leur cote, les Frangais dependront, pour toutes les difficult^ qui pourraient s’elever entre eux, de la juridiction Frangaise, et l’autorite Siamoise n’aura a s'en meler en aucune maniere, non plus que des differends qui surviendraient entre Frangais et etrangers, a moins que ces differends, degenerant en rixes ii main arinee, lie la forcent a intervenir. Comme il y aurait, dans ce cas, contravention aux lois du pays, le Consul devra constater la nature du delit, et punir les coupables. L'autorite Siamoise n’aura pareillement i\ exercer aucune action sur les navires de commerce Frangais; ceux-ci lie releveront (|iie de l’autorite Frangaise et du capitaine. Seulement, en l’absence de batiments de guerre Frangais, l’autorite Siamoise devra, lorsqu’elle en sera requise par le Consul de France, lui preter main- forte pour faire respecter son autorite par ses nationaux, et pour maintenir le bon ordre et la discipline parmi les equipages des navires de commerce Frangais. IX. Les Frangais seront egalement regis par la loi Frangaise pour la repression de tous les crimes et delits commis par eux dans le Eoyaume de Siam. Les coupables seront recherclies et arretes par les autorites Siamoises, a 2 69 la diligence du Consul de France, auqnel ils devront etre remis, et qni se chargera de les faire pnnir conformement anx lois Frangaises. Si des Siamois se rendent conpable de delits on de crimes envers des Frangais, ils seront arretes par l’autorite Siamoise et livres la severite des lois du Royaume. X. Dans le cas ou des navires de commerce Frangais seraient attaques ou pilles par des pirates, dans des parages dependants du Royaume de Siam, l’autorite civile et militaire du lieu le plus rapproche, des qu’elle aura connaissance du fait;, en poursuivra activement les auteurs, et ne negligera rien pour qu'ils soient arretes et punis conformement aux lois. Les marchaudises enlevees, en quelque lieu et dans quelque etat qu’elles se retrouvent, seront remises entre les mains du Consul, qui se chargera de les restituer aux ayants droit. Si Ton ne pouvait s’emparer des coupables, ni recouvrer la totalite des objets voles, les fonctionnaires Siamois, apres avoir prouve qu’ils out fait tous leurs efforts pour arriver ii ce but, ue sauraient etre rendus pecuniairement re- sponsables. II en sera de meme pour les actes de pillage ou vols qui auront ete commis, a terre, sur les proprietes des Frangais resident dans le Royaume de Siam. L’autorite Siamoise, apres avoir prouve qu’elle a fait tous ses efforts pour saisir les coupables, et recouvrer la totalite des objets voles, ne saurait etre rendue pecuniairement respousable. XI. S’il arrive que des matelots ou autres individus desertent des batiments de guerre, ou s’evadeut des 2 70 navires de commerce Frangais, l’autorite Siamoise, sur la requisition du Consul de France, ou, a son defaut, du Capitaine, fera tous ses efforts pour decouvir et restituer sur-le-champ, entre les mains de l'un ou de l’autre, les susdits deserteurs ou fugitifs. Pareillement, si des Siamois deserteurs ou prevenus de quelque crime vont se refugier dans des maisons Frangaises, ou it bord de navires appartenant & des Frangais, l’autorite locale s’adressera au Consul de France, qui, sur la preuve de la culpabilite des prevenus, prendra immediatement les mesures necessaires pour que leur extradition soit effectuee; de part et d'autre, on evitera soigueusement tout recel et toute connivance. XII. Si un Frangais fait faillite dans le Royaume de Siam, le Consul de France prendra possession de tous les biens du failli, et les remettra it ses creanciers, pour etre partages entre eux. Cela fait, le failli aura droit h. une decharge complete de ses creanciers. II ne saurait etre ulterieurement tenu de combler sou deficit, et l’on ne pourra considerer les biens qu’il acquerra par la suite comine susceptibles d’etre detournes it cet effet; mais le Consul ne negligera aucun moyen d’operer, dans l’interet des creanciers, la saisie de tout ce qui appar- tiendra au failli dans d’autres pays, et de constater qu’il a fait l’abandon sans reserve de tout ce qu’il possedait au moment oil il a ete declare insolvable. XIII. Si un Siamois refuse ou elude le payement d’une dette envers un Frangais, les autorites Siamoises donneront au creancier toute aide et facilite pour recouvrer ce qui lui est du; et, de meme, le Consul de 2 71 France donnera toute assistance aux sujets Siamois, pour recouvrer les dettes qu’ils auront a reclamer des Frangais. XIV. Les bien d’un Frangais dans le Royaume de Siam, ou d’un Siamois decede en France, seront remis aux heritiers ou executeurs testamentaires, ou & leur defaut, au Consul ou Agent Consulaire de la nation & laquelle appartenait le decede. XV. Les batiments de guerre Frangais pourront p6netrer dans le fleuve et jeter l’ancre & Paknam; mais ils devront avertir l’autorite Siamoise pour remonter jusqu’il Bangkok, et s’entendre avec elle relativement & l’endroit ou ils pourront mouiller. XVI. Si un navire de guerre ou de commerce Frangais en detresse entre dans un port Siamois, les autorites locales lui donneront toute facilite pour se reparer, se ravitailler ou continuer son voyage. Si un batiment sous pavilion Frangais fait naufrage sur les cotes du Royaume de Siam, l’autorite Siamoise la plus proche, des qu’elle en sera informee, portera, sur-le-champ, assistance it l’6quipage, pourvoira aux premiers besoins, et prendra les mesures d’urgence necessaires pour le sauvetage du navire et la preservation des marcliandises; puis elle portera le tout it la connaissance du Consul ou Agent Consulaire de France le plus a portee du sinistre, pour que celui-ci, de concert avec l'autorite competente, puisse aviser aux moyens de rapatrier l’equipage, et de sauver les debris du navire et de la cargaison. XVII. Moyennant l’acquittement des droits d'irn- portation et d’exportation mentionnes ci-apres, les 2 72 navires Frangais et leurs eargaisons seront affranchis, dans les ports Siamois, de toutes taxes de tonnage, de licence de pilotage, d’ancrage et de tonte autre taxe quelconque, soit a l’entree, soit a la sortie. Les navires Frangais jouiront de tons les privileges et immunities qui sont on seront accordes aux jonques et navires Siamois eux-memes, ainsi qu’aux navires des nations etrangeres les plus favorisees. XVIII. Le droit a percevoir sur les marcliandises importees par navires Frangais dans le Royaume de Siam n'excedera point trois pour cent de la valeur. II sera payable en nature on en argent, an elioix de l’importa- teur. Si ce dernier ne pent tomber d’accord avec Pemploye Siamois sur la valeur a attribuer a la marchan- dise importee, il devra en etre refere au Consul de France et au fonctionnaire Siamois competent, lesquels, apres s’etre adjoint chacnn un ou deux negociants comme assesseurs, s'ils le jugent necessaire, regleront l’objet de la contestation suivant l'equite. Apres le payement du droit d’entree de trois pour cent, les marcliandises pourront etre vendues en gros ou en detail, sans avoir a supporter aucune charge ou surtaxe quelconque. Si des marcliandises debarquees ne pouvaient etre vendues et etaient reexportees, la totalite du droit paye par elles serait remboursee a leur proprie- taire. II ne sera exige aucun droit sur la partie de la cargaison qui ne sera point debarquee. XIX. Les droits a percevoir sur les marcliandises d'origine Siamoise, soit, avant leur exportation sur les navires Frangais, soit au moment de cette exportation, seront regies conformement au tarif annexe au present 2 73 Traite sous le sceau et la signature des Plenipotentiaires respectifs. Les produits soumis par ee tarif h des droits d’exportation seront affranchis de tout droit de transit on autre dans l’interieur du Royaume, et tout produit Siamois qui aura deja acquitte une taxe interieure ou de transit n’aura plus & supporter aueune taxe quel- conque, soit avant, soit au moment d'etre mis & bord d'un navire Frangais. XX. Moyennant Pacquittement des droits ci-dessus mentionnes, et dont il est expressement interdit d’aug- menter le montant a l’avenir, les Frangais seront libres d’importer dans le Royaume de Siam, des ports Frangais et etrangers, et d'exporter egaleinent, pour toute destina- tion, toutes les marcbandises qui ne seront pas, au jour de la signature du present Traite, Pobjet d’une prohibi- tion formelle ou d'un monopole special. Toutefois, le Gouvernement Siamois se reserve la faculte d'interdire la sortie du sel, du riz et du poisson, pour le cas ou il y aurait lieu d'appreliender une disette dans le Royaume de Siam. Mais, cette interdiction, qui devra etre publiee un mois a l'avance, ne saurait avoir aucun effet retroactif. Xeanmoins, les negociants Frangais devront avertir l’autorite des achats qu’ils auront faits anterieurement a la prohibition. Le numeraire, les approvisionnements et les effets d’usage personnel pourront etre importes et exportes en franchise. Si, par la suite, le Gouvernement Siamois venait h reduire les droits pr^leves sur les marchandises import6es ou exportees par navires Siamois ou autres, le benefice de cette reduction serait immediatement applicable aux 2 74 produits similaires importes ou exportes par navires Frangais. XXI. Le Consul de France devra veiller a ce que les capitaines et negociants Frangais se conforment aux dis- positions du reglement annexe au present Traite sous le sceau et la signature des Plenipotentiaires respectifs, et les autorites Siamoises lui preteront leur concours k cet effet. Le Consul pourra, de concert avec les autorites Siamoises, adopter ulterieurement et faire executer toutes dispositions nouvelles qui seraient jugees necessaires pour assurer la stricte observation des stipulations du present Traite. Toute les amendes qui pourront etre pergues pour infractions aux dispositions du present Traite, le seront au profit du Gouvernement Siamois. XXII. Apres un intervalle de douze annees revolues, h partir de l'echange des ratifications, et si, douze mois avant F expiration de ce terrne, l’une ou l'autre des Hautes Parties Contractantes annonce, par une declaration officielle, son desir de reviser le present Traite, ainsi que le reglement et le tarif qui y sont annexes, et ceux qui viendraient it etre mis en vigueur par la suite, des Coin- missaires seront nomines, de part et d’autre, a l'effet d'y introduire toutes les modifications qui seraient jugees utiles et profitables au developpement des rapports com- merciaux entre les deux pays. XXIII. Le present Traite ayant ete redige en Fran- gais et en Siamois, et les deux versions ayant la inerne portee et le ineme sens, le texte Frangais sera officiel et fera foi sous tous les rapports, aussi bien que le texte Siamois. 2 75 II en sera de meme du reglement et du tarif annexes au Traite, et qui sont egalement rediges dans les deux langues. XXIV. Les ratifications du present Traite d’amitie, de commerce et de navigation, seront echangees dans l’inter- valle d’un an, a partir du jour de la signature, ou plus tot, si faire se peut, et le present Traite sera en vigueur aussitot que cet ecliange aura eu lieu. En foi de quoi, les Plenipotentiaires respectifs susnomm^s ont signe le present Traite en triplicata, et y ont appose leurs cachets. Sign6 et scelle par les Plenipotentiaires respectifs, & Bangkok, 15me jour du mois d’Aout, de l’an de grace, 1856, correspondant au Vendredi lime jour de la lune montante du 19me mois de l’annee du grand serpent 1218, de l’ere civile Siamoise. ( l. s. ) C. De Montigny. (Cachets et signatures des cinq Plenipotentiaires Siamois.) Here follow General Regulations under which French Trade is to be Conducted in Siam and Tariff of Export and Inland Duties to be Levied on Articles of Trade, substantially the same as those attached to the Treaty with Great Britain, April 18, 1855. 2 76 Denmark, 1858. Treaty of Friendship, Commerce, and Navigation, between Denmark and Siam.* — Signed at Bangkok, May 21, 1858. ( Ratifications exchanged at Bangkok, September 15, 1859. ) His Majesty Frederick VII, King of Denmark, of the Vandals and Goths, Duke of Schleswig, Holstein, Stor marn, the Dithmarshes, Lauenburg and Oldenburg; and their Majesties, Plira Bard Somdetcli Phra Paramendr Maha Mongkut, Phra Choin Klan Chau Yu Hua the first King of Siam, and Phra Bard Somdeteh Phra Pawarendr Ramesr, Mahiswaresr Phra Pin Ivlau Chau Yu Hua the second King of Siam ; Desiring to facilitate and extend their relations of good understanding and trade, between their respective subjects, have resolved to conclude a Treaty of Friend- ship, Commerce and Navigation, based on the common interests of both countries, and have therefore, to that end, named their plenipotentiaries; that is to say: His Majesty the King of Denmark has named John Jarvie, Esquire, Consul of Denmark for Singapore. And their Majesties the first and second Kings of Siam, have named His Royal Highness Krom Hluang Wongsa Dhiraji Snidh, his Lordship Chau Phaya Sri Suriywongse Samant Bongs Bisuddhe Maha Purus Rat- nedom Samuha Phra Kralahome (the Prime Minister), *Signed also in the Danish and German languages. 2 77 his Lordship Chaw Phaya Rawe Wongs Maha Kosadhi- puti (the Minister for Foreign Affairs), his Lordship Chau Phaya Yomaraj (the Lord Mayor of the City of Bangkok), his Excellency Phaya Wora Bongse Bibadhne (Superintendent of the Royal Private Ministers), who after having communicated to each other their respective full powers, and found them to be in good and due form, have agreed upon and concluded the following Articles : Art. I. There shall be constant peace and perpetual friendship, between his Majesty the King of Denmark, his heirs and successors on the one part, and their Ma- jesties the first and second Kings of Siam, their heirs and successors on the other part, as well as between the sub- jects of both States, without exception of persons and places. The subjects of each shall enjoy in the country of the other full and entire protection for their persons and property, agreeably to the established laws. There shall be full and entire freedom of commerce and navigation, for the subjects and vessels of the two High Contracting Powers, in every portion of their respective territories, where trade or navigation is actu- ally allowed, or may hereafter be allowed to the subjects or vessels of the most favoured nation. Danish ships of war shall render friendly aid and as- sistance to such Siamese vessels as they may meet on the high seas, so far as can be done in accordance with inter- national law, and all Danish Consuls residing at ports visited by Siamese, shall also afford them such friendly aid as may be permitted by the laws of the respective countries, in which the Consuls reside. 2 78 II. The two High Contracting Powers recognize re- ciprocally the right to establish and appoint, in the ports and the towns of their respective States, Consuls and Consular Agents; and that these officers shall enjoy the same privileges, immunities, powers and exemptions, as are or may be enjoyed by those of the most favoured nation. Such Consuls or Consular Agents, however, shall not begin to exercise their functions, until they shall have received the Exequatur of the local Government. Danish Consuls or Consular Agents in Siam shall be at liberty to hoist their national flag over their Consulates. The Danish Consul or Consular Agent in Siam shall have the interests of all the Danish subjects in or coming to Siam, under his protection, regulation and control. He shall himself conform to all the provisions of this Treaty, and enforce the observance of the same Danish subjects (sic). He shall also promulgate, and give due effect to all rules and regulations, which are now, or may hereafter be enacted, for the government of Danish sub- jects in Siam, the conduct of their business, and their due observance of the laws of Siam. Should the Consul or Consular Agent be absent, Danish subjects visiting or residing in Siam may have recourse to the intervention of a Consul of a friendly na- tion, or they may address themselves directly to the local authorities, and the said authorities shall take means to secure to such Danish subjects, all the benefits of the present Treaty. III. Danish subjects visiting or residing in Siam shall be allowed the free exercise of their religious belief and worship, and be at liberty to build churches, in such con- 2 79 yenient localities as shall be consented to by the Siamese authorities, and such consent shall not be withheld, with- out sufficient reason being assigned. IV. Danish subjects wishing to reside in the Kingdom of Siam must be registered at the Consulate of Denmark, a copy of which registration to be furnished to the Siamese authorities. Whenever a Danish subject shall have re- course to the Siamese authorities, his petition or claim must be first submitted to the Consul of Denmark, and if the petition or claim appear to the Consul to be reason- able, and written with propriety, he shall forward it, or otherwise modify its contents. The Siamese on their part, when they shall have to address themselves to the Consulate of Denmark, shall follow a similar course, in first addressing themselves to the Siamese authorities, who shall act in like manner. V. Danish subjects who shall reside in a permanent manner in Siam, shall for the present do so only in the city of Bangkok, or within a limit defined by the following boundaries, viz. : 1. On the North . — By the Bang Putsa Canal from its mouth on the Chau Phya River, to the old city walls of Lobpury, and a straight line from Lobpury to the landing place of Tha Phrangam, near to the town of Saraburi, on the river Pasak. 2. On the East . — By a straight line drawn from the landing place of Tha Phrangam, to the junction of Klong- kut Canal, with the Bangpakong River; the Bangpakong River from the junction of the Ivlongkut Canal, to its mouth ; and the coast from the mouth of the Bangpakong 2 80 River to the island of Srimaharajah, to such distance inland as can be reached, within 24 hours journey, from Bangkok. 3. On the Month . — By the Island of Srimaharajah and the Islands of Se-Chang on the east side of the gulf, and the city walls of Petchaburi on the west side. 4. On the West . — By the western coast of the gulf to the mouth of the Meklong River, to such a distance inland as can be reached within 24 hours journey from Bangkok. The Meklong River, from its mouth, to the city walls of Rajpuri. A straight line from the city walls of Rajpuri, to the town of Suphanapuri; and a straight line from Suphanapuri to the mouth of the Bangputsa Canal, on the Chau Pliya River. But Danish subjects may reside beyond these boun- daries, on obtaining permission to do so, from the Siamese authorities. All Danish subjects are at liberty to travel throughout the entire Kingdom of Siam, and to trade by buying and selling merchandize, not being contraband, from and to whomsoever they shall think proper; this privilege being in no way whatever affected by any farm or exclusive right of sale and purchase. VI. The Siamese Government will place no restric- tions upon the employment by Danish subjects of Siamese subjects, in any capacity whatever. But whenever a Siamese subject belongs or owes service to some particular master, the servant who engages himself to a Danish sub- ject, without the consent of his master, may be reclaimed by him, and the Siamese Government will not enforce 2 81 an agreement for services, between a Danish subject and any Siamese in his employment, unless made with the knowledge and consent of the master. If Siamese in the employment of a Danish subject offend against the laws of Siam, or if any Siamese having so offended, or desiring to desert, take refuge with a Danish subject in Siam, they shall be searched for, and, upon proof of their guilt or desertion, they shall be deliv- ered up by the Consul to the Siamese authorities. VII. Danish subjects shall not be detained against their will in the Kingdom of Siam, unless the Siamese authorities shall prove to the Consul of Denmark that there are lawful reasons for such detention. Within the boundaries fixed by Article V of this Treaty, Danish subjects shall be at liberty to travel with- out hindrance or delays of any kind whatsoever, provided they have a passport signed by the Consul or Consular Agent of Denmark, containing in Siamese characters their names, profession and identity, and countersigned by the competent Siamese authority. Should they wish to go beyond the said limit and travel in the interior of the Kingdom of Siam, they shall procure for themselves a passport, which shall be delivered to them on the request of the Consul or Consular Agent by the Siamese authorities, and such passport shall not be refused in any instance, except, with concurrence of the Danish Consul or Consular Agent. VIII. Danish subjects may purchase land or planta- tions, and may take on lease or let land and plantations, and may hire, buy, or build houses, within the boundaries 2 82 specified by Article V, w ith this exception and limitation only, that the power to purchase lands in the city of Bangkok, or within four British statute miles from its walls, shall be confined to those who shall have resided in Siam for 10 years, or wdio shall obtain a special licence from the Siamese Government. In order to obtain posses- sion of such property, the Danish subject shall in the first place, make application through the Consul to the Siamese Government, and the Siamese Government shall name an officer who, along with the Consul (having satisfied them- selves of the honest intentions of the applicant), shall adjust and settle upon equitable terms the amount of the purchase money, and shall make out and fix the boun- daries of the property. The Siamese Government shall then convey the property to the Danisli purchaser, and such property shall thereupon be under the protection of the governor of the district, and of the particular local authorities; the said purchaser shall conform, in ordinary matters, to any just direction to be given to him by them, and he shall be subject to the same taxation as that levied on Siamese subjects. But if, through negligence, the want of capital, or other causes, a Danisli subject shall fail to commence the cultivation or improvement of the lands so acquired within a term of 3 years from the date of receiving possession thereof, the Siamese Government shall have the power of resuming the property upon re- turning to the Danish subject the purchase money paid by him for the same. Danish subjects shall be at liberty to search for and open mines in any part of Siam ; and, on a proper exposi- tion being furnished to the Consul, he, in conjunction with the Siamese authorities, shall arrange such suitable 2 83 conditions and terms as shall admit of the mines being worked. Danish subjects shall also be permitted to en- gage in and carry on any description of manufacture in Siam (the same not being contrary to law), upon like reasonable conditions and terms, arranged between the Consul and Siamese authorities. IX. When a Danish subject, residing permanently or temporarily in the Kingdom of Siam, shall have any sub- ject of complaint or any claim to make against a Siamese, he shall first submit his grievances to the Consul of Den- mark, who after having examined the affair shall en- deavour to settle it amicably. In the same manner, when a Siamese shall have to complain against a Danish sub- ject, the Consul shall hear the complaint, and try to make an amicable settlement ; but if in such cases this is im- possible, the Consul shall apply to a competent Siamese functionary, and both, after having together examined the affair, shall decide thereon according to equity. X. Should a Danish subject be charged with any grave crime in the Kingdom of Siam, he shall be arrested by the local authorities and be punished by the Consul ac- cording to the laws of Denmark, or be transmitted by him to Denmark, to receive punishment on being found guilty. Should a Danish subject commit any minor of- fence or misdemeanor in Siam, he shall in like manner be arrested by the Siamese authorities, and, on proof of his guilt, the Consul will punish him, either by deporta- tion or pecuniary mulct. If a Siamese be guilty of any crime or offence against a Danish subject, the offender shall be arrested by the local authorities, and made over to the severity of the laws of the kingdom. 2 S4 XI. Should any act of piracy be committed on Danish vessels on the coast or in the vicinity of the Kingdom of Siam, the authorities of the nearest place, on being in- formed of the same, shall afford every assistance in the capture of the pirates, and recovery of the stolen property, which shall be delivered to the Consul for restoration to the owners. The same course shall be followed by the Siamese authorities in all acts of pillage and robbery com- mitted on the property of Danish subjects on shore. The Siamese Government shall not be held responsible for stolen property belonging to Danish subjects, when it is proved that every means in their power have been used for its recovery, and the same conditions shall apply equally to Siamese subjects and property, under the con- trol of the Danish Government. XII. On the Danish Consul sending a written appli- cation to the Siamese authorities he shall receive from them every aid and support in detecting and arresting Danish sailors or subjects, or other individuals under the protection of the Danish flag. On the requisition of the Danish Consul, he shall also receive from the Siamese authorities every aid and assistance, and such a force as may be necessary to enable him to give due effect to his authority over Danish subjects, and to enforce discipline among Danish shipping in Siam. In like manner, should a Siamese, guilty of desertion or any other crime, take refuge in the house of a Danish subject or on board a Danish vessel, the local authorities shall address them- selves to the Consul of Denmark, and he shall, on proof of the culpability of the accused, immediately authorize his arrest. All concealment and connivance shall be care- fully avoided by both parties. 2 85 XIII. Should a Danish subject engaged in business in the Kingdom of Siam become bankrupt, the Consul of Denmark shall take possession of all his goods, in order that the same may be distributed rateably amongst his creditors ; and the Consul shall neglect no means to seize, on behalf of creditors, all the goods the said bankrupt may possess in other countries, and the Consul shall have the aid of the Siamese authorities for the purpose. And, in like manner, the Siamese authorities shall adjudicate and administer the effects of Siamese subjects who may become bankrupt in their commercial transactions with Danish subjects. XIV. Should a Siamese subject refuse or evade the payment of a debt to a Danish subject, the Siamese authorities, shall afford the creditor every aid and facility to recover all that is due to him. In like manner, the Consul of Denmark shall give every assistance to Siamese subjects to recover debts which may be due to them by Danish subjects. XV. The goods and property of any Danish subject who may die in the Kingdom of Siam, or of any Siamese subject who may die in Denmark, shall be delivered to the executor of his will, or (in case of intestacy) to the Consul or Consular Agent, to be dealt with according to the laws of the nation to which the deceased belonged. XVI. Danish ships of war shall be at liberty to enter the river and anchor at Paknam, but they must inform the Siamese authorities of their intention to go up to Bangkok, and have an understanding with the said authorities concerning the place where they are to anchor. 2 86 XVII. Should a Danish vessel in distress enter into a Siamese port, the local authorities shall give every facil- ity for her being repaired and revictualled, so that she may be enabled to continue her voyage. Should a Danish vessel be wrecked on the coast of the Kingdom of Siam, the Siamese authorities of the nearest place, being in- formed thereof, shall immediately give all assistance to the crew, shall supply their wants, and take all measures necessary for the salvage and protection of the vessel and cargo, and shall afterwards inform the Consul of Den- mark of what lias been done by the said authorities, in order that the Consul, together with the competent Siam- ese authority, may take steps for sending the crew to their homes, and for preserving and disposing of the wreck and cargo, and adjusting any legal claims thereon. XVIII. By paying the duties of importation and ex- portation, as after mentioned, Danish vessels and their cargoes shall be free in Siamese ports of all taxes of ton- nage, pilotage, anchorage, and of any other tax what- ever, either on their arrival or on their departure. Danish vessels shall enjoy all privileges and immunities which are or shall be granted to junks and to Siamese vessels themselves, as well as to the vessels of the most favoured nations. XIX. The duties to be levied on merchandize imported by Danish vessels into the Kingdom of Siam, shall not exceed 3 per cent, on their value. They shall be paid in kind or in money, at the choice of the importers. If the importer cannot agree with the Siamese officer as to the value of the imported merchandize, a reference shall be made to the Consul of Denmark and a competent Siamese 2 87 functionary, who, after having each called in for con- sultation one or two merchants as advisers, if they shall think it necessary, shall settle the difference according to justice. After the payment of the said import duty of 3 per cent, the merchandize may be sold by wholesale or retail, free of any other tax or charge whatsoever. Should mer- chandize be landed and not sold, and be again shipped for exportation, the whole of the duties paid on them shall be reimbursed. No duty shall be levied on any cargo not sold. And no further duty, tax or charge shall be im- posed or levied on such imported merchandize when it has passed into the hands of Siamese purchasers. XX. The duties to be levied on Siamese produce, either before or at the time of shipment, shall be accord- ing to tariff, annexed to the present Treaty. Every article of produce subject by the tariff to duties of exportation shall be free of any duty of transit, or any other duty in any part of the Kingdom ; and all Siamese produce which shall have been already taxed either for transit, or for any other cause, shall be no more taxed either under the tariff hereto annexed, or in any way whatever before or at the time of shipment. The Siamese Government reserves to itself the right, at any time hereafter, to impose a single tax or duty upon any article which is, or may become a production of Siam, and which is not specified in the annexed tariff, or at present subject, either directly or indirectly, to a Governmental charge of any kind, but the Siamese Gov- ernment agrees that the said tax or duty, if levied, shall be just and reasonable. 2 88 XXI. By paying the duties above mentioned, which shall not be increased in future, Danish subjects shall be free to import into the Kingdom of Siam, from Danish and foreign ports, and likewise to export for all destina- tions any merchandize which shall not be, on the day of the signing of the present Treaty, the object of a formal prohibition or of a special monopoly. The Siamese Government reserve to themselves, however, the right of prohibiting the exportation of salt, rice, or fish, whenever they shall think that there is reason to appre- hend a dearth in the country. But the prohibition, which must be published one month before being enforced, shall not have any effect on the fulfillment of contracts, made bond fide before the publication of such prohibition. Danish merchants, however, shall inform the Siamese authorities of any purchases they may have made pre- viously to the prohibition. Specie, provisions, and per- sonal effects may be imported and exported, free of duty. Should the Siamese Government hereafter reduce the duties on merchandize, imported or exported, by Siamese or any other vessels, the benefit of this reduction shall be immediately applied to similar produce imported or exported by Danish vessels. XXII. The Consul of Denmark shall see that Danish merchants and shipmasters conform themselves to the regulations annexed to the present Treaty, and the Siamese authorities shall aid him to that end. All fines levied for infractions of the present Treaty shall belong to the Siamese Government. XXIII. The Danish Government and Danish subjects shall be allowed free and equal participation in any 2 89 privileges that may have been, or may hereafter be granted by the Siamese Government to the Government, citizens, or subjects of any other nation. XXIV. After the lapse of 12 years from the date of the ratification of this Treaty, upon the desire of either of the High Contracting Parties, and on 12 months’ notice thereof, this Treaty, together with the Tariff and regulations hereunto annexed, and those that may here- after be introduced, shall be subject to revision by Com- missioners to be appointed on both sides for the pur- pose with power to make sucli alterations, additions, and amendments as experience may prove to be desirable. XXV. This Treaty, executed in English, as the language of communication between the two High Con- tracting Powers, and of which Treaty a translation in the Siamese character is appended, shall take effect im- mediately, and the ratification of the same shall be exchanged at Bangkok, within 18 months from the date thereof. In witness whereof the above-named Plenipotentiaries have signed and sealed the present Treaty in triplicate, at Bangkok, on the 21st day of May, in the year of 1858 of the Christian era, corresponding with the 9th waxing day of the 7tli moon, of the 1220th year of the Siamese civil era. (l. s.) J. Jarvie. ( Signatures and seals of the 5 Siamese Plenipotentiaries.) 2 90 Here follow General Regulations under which Danish Trade is TO BE CONDUCTED IN SIAM AND Tariff of Export and Inland Duties to be levied on Articles of Trade, substantially the same as those attached to the Treaty with Great Britain, April 18, 1855. 2 91 Portugal, 1859. Treaty op Friendship, Commerce, and Navigation, between Portugal and Siam. — Signed at Bangkok, February 10, 1859. (Ratifications exchanged at Bangkok, August 28, 1861.) ( Translation. ) I, Dom Pedro, by the grace of God, King of Portugal and the Algarves, of the Hither and Nether Sea in Africa, Lord of Guinea, and by conquest, navigation, and com- merce, of Ethiopia, Arabia, Persia, and India, &c., make known to those to whom this present Letter of Confirma- tion may come, that, on the 10th of February, 1859, was concluded and signed in Bangkok, between myself and their Majesties the First and Second Kings of Siam, by the respective Plenipotentiaries, furnished with full powers, a Treaty of Friendship, Commerce, and Naviga- tion, of which the following is the tenour: — Their Majesties the First and Second Kings of Siam having manifested the desire to conclude with Portugal a Treaty of Commerce and Navigation, which, confirming and consolidating the ancient relations of friendship which for ages have existed between the two countries, should at the same time enable the Portuguese to trade in Siam and the Siamese in Portugal, with privilege equal to those which their Majesties have conceded to certain Western Powers by Treaties lately concluded, and His Most Faithful Majesty the King of Portugal duly appreciating so benevolent and amicable an invita- tion, and desiring to reciprocate completely, being ani- mated by the same sentiments towards their Majesties the 2 92 First and Second Kings of Siam and their subjects, His Most Faithful Majesty King Dom Pedro V. of Portugal, and their Majesties Pra Bath Somdetch Pra Paramende Maha Mong Kut Pra Chom Clao Chao Yu Hua, First King of Siam, and Pra Bath Somdetch Pra Paramende Rainers Mahisvaresr Pra Pin Clao Chao Yu Hua, Second King of Siam, have resolved that a Treaty of Friendship, Commerce, and Navigation be concluded between Por- tugal and Siam, which may establish on a solid basis the relations of peace, friendship, and alliance which have always existed between the Portuguese and Siamese na- tions, and may assure to the subjects of the respective States the highest commercial advantages; and to this end have named as their Plenipotentiaries: His Most Faithful Majesty, the King of Portugal, Isidoro Francisco Guimard es, Councillor of His Majesty and his Plenipotentiary in China, Knight Commander of the Portuguese Orders of San Bento de Aviz and of Our Lady of the Conception of Villa Vigoza, and of Charles III of Spain, Companion of the Order of Christ, and of the Ancient and Most Noble Order of the Tower and Sword for Valour, Loyalty, and Merit, and Captain in the Navy; and Their Majesties the First and Second Kings of Siam, His Royal Highness the Prince Krom Illuang Wongsa Fhirat Sanitli ; his Excellency Chao Pya Niconbodin Sa Maha Nayok, Generalissimo of the Siamese army; his Excellency Chao Pya Srv Suriwongse Sa Muha Pra Kalahome, Minister of the Realm; his Excellency Chao Pya Raviwong Phraklang, Minister of Foreign Affairs; his Excellency Chao Pya Y'ommarat, Minister of Jus- 2 93 tice; his Excellency Pya Varapong, Privy Minister of His Majesty the First King: Who, after having communicated to one another their respective full powers, found in good and due form, have agreed upon the following Articles : — Art. I. The ancient friendship and alliance between His Most Faithful Majesty the King of Portugal and his successors, and their Majesties the First and Second Kings of Siam and their successors, are confirmed and consolidated by this present Treaty. The subjects of each of the two countries will enjoy entire and full pro- tection for their persons and goods according to the exist- ing laws, and will have reciprocal rights to all the privi- leges which are, or may be, conceded to the subjects of foreign and most favoured nations. II. Portugal will continue to have in Siam a Consul or Consular Agent, the High Contracting Parties recip- rocally recognizing the right of nominating Consuls or Consular Agents to reside in the ports of the States of the one and the other, wherever they may judge it con- venient to establish them. III. These Consuls or Consular Agents will be charged with the duty of protecting the interests and trade of their compatriots, of causing them to conform to the dispositions of the present Treaty, to act as inter- mediary between them and the authorities of the country, to insure the strict execution of the stipulated Regula- tions, and to make such Regulations as they may judge necessary for the putting in execution the present Treaty. 2 94 IV. The Consuls will not enter on tlieir duties with- out an exequator of the Sovereign of the territory, and will enjoy, as well as the Consular Agents and the Chan- cellors of the Consulates, all the privileges and exemp- tions which may be conceded during their residence to the Agents of the same class of the most favoured nation. V. The Consuls and Consular Agents of the High Con- tracting Parties may hoist their respective flags at their residences. VI. Any question which may arise between Portu- guese and Siamese subjects must be laid before the Portu- guese Consul, who, in concert and agreement with the Siamese authorities, will endeavour to settle it amicably; and in case of not being able to do so, civil questions will be decided by the Consul or by the Siamese authority, according to the nationality of the delinquent or accused person, and in conformity with the respective laws. The Consul will never interfere in questions which solely concern Siamese subjects, nor the Siamese authori- ties in questions solely relating to Portuguese subjects, except in the case of crimes in which the delinquents will be taken into custody by the local authority and handed over to the Portuguese Consul to be punished according to the Portuguese laws, or sent to Macao to be tried there. In any question in which Portuguese or Siamese subjects are interested, the Portuguese Consul, as well as the Siamese authorities, will have the right to be present at the inves- tigations which are made for the elucidation of the case, having a right to receive, whenever it is possible, copies of the depositions and other documents relating to the trial till the conclusion of the case. 2 95 VII. Siamese subjects may not seize, cause injury to, or in any way interfere with, the persons of Portuguese subjects, nor with their houses, farms, lands, ships, or any other description of property. In case of infringement of this Clause the Siamese authorities will take cognizance of the case and will inflict punishment on the culpable. In the same manner Portuguese subjects may not seize, prejudice, or interfere with the persons of Siamese sub- jects, nor with their houses, farms, lands, ships, or any other description of property of which they may be pos- sessed, it being the duty of the Portuguese Consul to make himself acquainted with any infringement of this provision and to punish the guilty. VIII. Portuguese subjects will enjoy in the whole of the Kingdom of Siam and its dependencies entire liberty of conscience conformably to the principles of absolute toleration, being permitted, as from remote times it has been permitted to them, to comply with their Catholic du- ties, and to take part in Christian worship, whether in their houses or in public churches, which they will be freely permitted to construct in localities which the Siamese authorities, in concert with the Consul, may in- dicate for this purpose; which churches will be served by Portuguese priests, who will enjoy all the privileges con- ceded to the priests of other European nations which have Treaties with Siam. In the same way, Siamese subjects will never be molested in Portuguese dominions on ac- count of their religion, which will be observed by them the same as is done by those of other nations of a different religious communion. 2 96 IX. All Portuguese subjects who wish to reside in the Kingdom of Siam must be registered at the Consulate- General of Portugal in Bangkok. Copies of these Regis- ters must be sent to the Siamese authorities. X. Whenever any Portuguese subject shall have re- course to the Siamese authorities, his Petition or recla- mation will be presented to the Portuguese Consul, who, finding it just and drawn up in due form, will forward it, or in the event of this not being the case will modify the wording, or refuse to forward it. In the same way, the Siamese who may have recourse to the Portuguese Con- sulate must follow an analogous method by means of his authorities, who will proceed in the same way with refer- ence to the justice and drawing up of their Petitions and reclamations. XI. Portuguese subjects are permitted to reside in the Kingdom of Siam, and to trade freely and with all secur- ity in all the ports of the said kingdom, buying and selling whatever they please, without this liberty being interfered with by any monopoly, or exclusive privilege of purchase or sale; and they will be permitted to reside permanently in Bangkok and in the neighbourhood of this city within a circuit of a radius equal to a distance travelled in 24 hours by a boat of the country. The boundaries of this radius are: — 1. — On the North. The Bangputsa Canal from its mouth on the Chao Pya River to the ancient walls of the city of Lobpuri, and a straight line drawn from Lobpuri to the landing-place of 2 97 Ta-pra-ngam, near to the city of Saraburi on the River Pasak. 2. — On the East. A straight line drawn from the landing-place of Ta-pra-ngam to the junction of the Klongkut Canal with the River Bang-pa-kong ; the River Bang-pa-kong from its junction with the Klongut Canal to its month; and the coast from the mouth of the River Bang-pa-kong to the Island of Srimaharajah to such a distance inland as may be reached in a 24 hours' journey from Bangkok. 3. — On the South. The Island of Srimaharajah and the Islands of Se-clmng on the eastern side of the gulf, and the walls of the city of Petchaburi on the west side. 4. — On the West. The western coast of the gulf to the mouth of the River Meklong, to such a distance from the interior as may be reached in a 24 hours' journey from Bangkok. The River Meklong from its mouth to the walls of the city of Rajpuri: a straight line from the walls of Rajpuri to the town of Subharnapuri, and a straight line from the town of Subharnapuri to the mouth of the Bangputsa Canal on the Chao Pya River. XII. Within the boundaries indicated in the preceding Clause, Portuguese subjects will at any time be permitted to purchase, sell, or build houses, and to make depots or stores of provisions; to purchase, sell, and rent lands or plantations. But if any Portuguese subject desires to purchase lands situated less than 6 kilom. (200 sen) 2 98 from the walls of Bangkok, it will be necessary for him to obtain a special authorization for this purpose from the Siamese Government, except in the case of his having already resided for 10 years in the Kingdom of Siam. The boundaries of the circuit of 6 kilom. are : — 1. — On the North. One sen to the north of Wat Kemabhirataram. 2. — On the East. Six sen and 7 fathoms to the south-west of Wat Bang- Kapi. On the South. About 19 sen to the south of the village of Bang-Kapeo. 4. — On the West. About 2 sen to the south-west of the village of Bangphrom. The marks of the locality where the line of circum- ference cuts the river below Bangkok are, on the left bank of the river, 3 sen below the village of Bang-ma-nao, and on the left bank about 1 sen below the village of Bang- lanpuluen. XIII. When any Portuguese subject wishes to acquire freehold property, he must apply through the inter- mediary of the Consul to the competent local authority, which, in concert with the Consul, will aid in settling the price of the purchase, and will hand over to him his title- deeds, after a demarcation of the boundaries of the prop- erty has been made. The purchaser must conform to the laws and Regulations of the country, and the property 2 99 will be subject to the same taxation as that to which property belonging to inhabitants of the country is sub- ject. If in the space of three years from the date of possessing the land it has not been cultivated, the Siamese Government has the right to annul the sale, repaying to the purchaser the amount which he paid for the land. XIV. The property of Portuguese subjects dying in the Kingdom of Siam, or of Siamese subjects dying in Portuguese possessions, will be handed over to their heirs or the executors of their wills, and in default of these, to the Consul or Consular Agent of the nation to which the deceased belonged. XV. Portuguese subjects will be permitted to build ships at their owu expense in the ports of Siam, obtaining for this purpose a license from the Siamese Government. XVI. Portuguese subjects resident in Siam will be permitted to employ in their service as interpreters, work- people, rowers, or in any other capacity, Siamese subjects who are at liberty to engage themselves as such. The local authorities will take care that the agreements made with this object are complied with. The Siamese who are employed in the service of Portuguese subjects will enjoy the same protection as the Portuguese subjects them- selves; but in case of their being convicted of any crime which by the laws of the country is punishable, on the crime being proved they must be handed over by the Consul to the authorities of the country. XVII. If any Siamese subjects employed in the service of Portuguese subjects having become guilty of 2 100 a breach of the laws of the country, or Siamese criminals desiring to fly, conceal themselves in the house of a Portu- guese subject, such individuals will be sought for by the Portuguese Consul at the place where they have taken refuge, and the guilt or the flight being proved, will be handed over to the Siamese authorities. In the same way, any Portuguese criminals, resident or trading in Siam, or any deserters from Portuguese merchant- or war-ships, will be apprehended and handed over to the Consul by the Siamese authorities as soon as they are applied for. In the absence of the Consul, the deserters will be handed over on the requisition of the Commandants or Captains of ships. XVIII. Xo Portuguese subject may be detained in the Kingdom of Siam unless the Siamese authorities prove to the Portuguese Consul that legitimate reasons exist for preventing their departure. The Portuguese subjects who wish to pass beyond the boundaries established for their residence by the present Treaty must be furnished with a passport, which will be granted them by the Siamese authority on the requisition of the Consul. Any Portuguese subject married in Siam to a Siamese woman, who may desire to leave the country with his family, will meet with no obstacle on the part of the Siamese author- ities. XIX. The Siamese authorities shall have no power over Portuguese merchant-ships, which will be subject solely to the authority of the Consul and of the captain. In default of Portuguese ships of war, and at the request of the Consul, the Siamese authorities will give him every 2 101 assistance which he may need to make his authority respected by his compatriots, and to maintain the good order and discipline of the ships of his country. XX. If any Siamese subject refuses to pay, or en- deavours to avoid payment of, any debt due to a Portu- guese subject, the Siamese authorities will render the creditor every assistance necessary to enable him to re- cover such debt. In like manner, the Portuguese Consul will render every assistance to any Siamese subject to recover payment of sums owing to him by Portuguese subjects. XXI. In the case of any Portuguese subject settled in Siam becoming bankrupt, the Portuguese Consul will take possession of all the property of the bankrupt, which will be divided amongst the creditors, the debtor being re- lieved from the obligation to make good the deficit with property which he may acquire in the future. The Portu- guese Consul will take care that the whole of the property to which the bankrupt is entitled at the time of his failure, whether in Siam or elsewhere, is placed without reserve at his disposition, for division amongst the creditors as aforesaid. And in the same way the Siamese authorities will adjudicate and administrate the property of any Siamese subject who may fail in commercial transactions with Portuguese subjects. XXII. Portuguese ships of war shall be at liberty to enter the river and anchor at Paknam, but they must inform the Siamese authorities of their intention before going up to Bangkok, and come to an understanding with them as to the place where they are to anchor. 2 102 XXIII. Should any Portuguese ship of war or Mer- chant vessel enter any of the ports of the Kingdom of Siam damaged, or in want of provisions or water, the Siamese authorities shall render every necessary aid to enable her to he in a position to continue her voyage. In case of ship- wreck the local authorities will give every aid to the ship- wrecked crew, providing all they may need, and will em- ploy all the means in their power to save as much as pos- sible, as well of the ship as of the cargo, having a care- ful watch kept that nothing of the salvage is made away with, and to have the salvage taken charge of that it may be handed over to the Consul, to whom they will com- municate what has happened with all speed. The owners of the said ships will pay all expenses, the account of which must be presented to the Consul for examination by him. XXIV. Merchant-vessels and their cargoes will not be subject in the ports of the Kingdom of Siam to any charges for tonnage, pilotage, anchorage, or any other charge whatever, whether on their entry or their de- parture, except only to the import and export duties men- tioned in the following Clauses; the said ships enjoying all the privileges and immunities which are or may be conceded to Siamese junks and ships, or to those of the most favoured nation. XXV. The import duties payable on foreign mer- chandize in the ports of the Kingdom of Siam by Portu- guese ships will never exceed 3 per cent, of the value, which will be paid either in money or in goods at the choice of the importer. In case of disagreement between the importer and the Siamese officials as to the value at 2 103 which the merchandize should be assessed, the question will be submitted for the decision of the Consul and of the competent Siamese functionary, who may each name two merchants as arbitrators if they consider it desirable to do so. After payment of the said duty of 3 per cent, the important merchandize may be sold in any part of the Kingdom of Siam wholesale or retail, without being sub- ject to any further payment of duty. Merchandize which is not disembarked will pay no duty, and the importer will be repaid any duty which he may have paid on mer- chandize which he re-exports. XXVI. The duties to be levied on merchandize of Siamese production, either before its exportation in Por- tuguese ships or at the time of exportation, will be regu- lated by the Tariff annexed to this present Treaty, signed and sealed by the respective Plenipotentiaries. The articles of produce which are subject to payment of the duties indicated in the said Tariff will, by this fact, be freed from any transit or other dues which they would otherwise be subject to in the interior of the kingdom. In the same way, any Siamese produce which may have paid any interior tax or transit due will not be subject to further duties, before or at the time of shipment on any Portuguese vessel. XXVII. The duties mentioned in Clauses XXV and XXVI shall not be liable to augmentation in the future. XXVIII. Subject to the obligation of paying the said duties, liberty is conceded to Portuguese subjects to im- port into the Kingdom of Siam, whether from Portuguese ports or from those of foreign nations, and to export to 2 104 any destination, any kind of merchandize which, at the date of the signing of this present Treaty, is not the sub- ject of express prohibition or special monopoly. XXIX. In case that on account of a dearth in the country the Siamese Government may have to prohibit the exportation of salt, rice, or fish, this prohibition must be published one month before the date at which it comes into operation, and may not be retrospective. Portuguese merchants will be required to communicate to the Siamese authorities the purchases which they may have concluded before the prohibition. XXX. Specie, provisions, and objects of personal use will be subject to no duties, whether import or export. XXXI. If, in the future, the Siamese Government should make any reduction in the duties payable on mer- chandize imported or exported on Siamese ships, it is agreed that that reduction will be made equally in the duties to which articles of the same class imported or ex- ported in Portuguese ships are subject. In return, any reduction of duties which the Portuguese Government may make in the future in favour of Portuguese merchant- ships will be applied also to Siamese merchant-ships. XXXII. Portuguese ships of war will render every assistance, as far as may be in accordance with interna- tional law, to any Siamese ship which she may fall in with in need of assistance on the high seas ; and Siamese merchant-ships as well as Siamese subjects will have the right, in ports where there may be Portuguese Consuls, to claim such protection of the said Consuls as may be 2 105 compatible with the laws of the country in which the Consuls reside. XXXIII. If any Portuguese ship is robbed by pirates on the coast or in the vicinity of the Kingdom of Siam, the Siamese authorities, as soon as they have notice of the robbery, shall employ all means in their power to capture the pirates and for the recovery of the property stolen, which must be handed over to the Consul or re- stored to its owners. In any cases of pillage or robbery committed on land by the Siamese subjects on the prop- erty of Portuguese subjects, the local authorities will take the same measures as in cases of piracy. The Siam- ese Government will not be held responsible for any arti- cles stolen from Portuguese subjects, providing that it employs all the means in its power to recover them. The same conditions shall apply to Siamese subjects and their property, which may be under the control of the Por- tuguese Government. XXXIV. Portuguese subjects shall have the right of becoming possessed of and opening mines in any part of the Kingdom of Siam. The interested parties must address their proposals to the Consul, who, in concert with the Siamese authorities, will arrange the conditions under which the working of the mine will be carried on : conditions which must always be compatible with the end which the applicants have in view. In the same way, no hindrance will be placed in the way of the establish- ment, by Portuguese subjects of any manufactories in Siam, under conditions to be agreed upon by the Por- tuguese Consul and the Siamese authorities, provided 2 106 that the articles manufactured are not articles the manu- facture of which is prohibited by the laws of the country. XXXV. The Portuguese Consul shall take care that the Portuguese traders and captains of ships comply with the provisions of the Regulation annexed to this present Treaty, giving the Siamese authorities the as- sistance they may require. The fines which may be in- flicted for breaches of the said Regulation will be handed over to the Siamese Government. XXXVI. The Portuguese Government and subjects will enjoy all the privileges not mentioned in the present Treaty, which are actually enjoyed or wdiich, in the fu- ture, may be enjoyed by the Government and subjects of the most favoured nation. XXXVII. The ratifications of the present Treaty of Friendship, Commerce, and Navigation will be exchanged within eighteen months from the date of signature thereof, the said Treaty being in force in the interim until the ratification is concluded. XXXVIII. At the end of the term of ten vears, from the date of the ratification, if either of the two High Con- tracting Parties should desire that a revision should take place in the present Treaty and in the Regulation and Tariff annexed hereto, or any others which may, in the future, come into force, a formal notice to this effect being given a year before the end of the said term, Com- missioners will be appointed by both Parties for the purpose of making the modifications which may be judged 2 107 desirable and advantageous for tlie development of the commercial relations of the two countries. XXXIX. The two translations of the present Treaty in the Portuguese and Siamese languages, both of the same tenour and purport, and of which three exact copies have been made, will have equal weight for every pur- pose, as well as the Regulations and Tariff annexed hereto, and likewise written in the Portuguese and Siam- ese languages. In witness whereof the said Plenipotentiaries have signed and sealed the present Treaty, this 10th day of February, in the year 1859 of the Christian era (which corresponds to the 18th day of the 3rd moon of the year Pimania-samarethissop, of the Siamese era of 1220), in the city of Bangkok, capital of the Kingdom of Siam. ( l. s. ) Isidoro Francisco Guimaraes. (Seals and signatures of the six Siamese Pleni- potentiaries) Here follow Regulations for Portuguese Ships which come to Siam and Tariff of the Inland and Export Duties to which Articles of Commerce are subject, substantially the same as those attached to the Treaty with Great Britain, April 18, 1855. 2 108 Netherlands, 1860. Treaty of Friendship, Commerce, and Navigation, BETWEEN THE NETHERLANDS AND SIAM. — SIGNED AT Bangkok, December 17, I860.* (Ratifications exchanged at Bangkok, March 24, 1862.) Same as German Treaty of 1862. ^Signed also in the Dutch language. 2 109 Germany, 1862 . Treaty of Amity, Commerce, and Navigation, be- tween the States of the German Customs and Com- mercial Union and the Grand Duchies of Mecklen- burg- Schwerin and Mecklenburg-Strelitz, on the one part; and Siam, on the other part. — Signed at Bang- kok, February 7 , 1862 .* His Majesty the King of Prussia, in his own name, and as representing the Sovereign States and territories united to the Prussian system of Customs and imports, that is to say: Luxemburg, Anlialt-Dessau-Coethen, An- halt-Bernberg, Waldeck and Pyrmont, Lippe, and Meisen- heirn : as well as on behalf of the other States belonging to the German Zollverein, namely : Bavaria, Saxony, Hanover, Wurtemberg, Baden, Electoral Hesse, Grand Ducal Hesse (the bailiwick of Homburg included), the States forming the Thuringian Customs and Commercial Union, to wit, Saxe-Weimer-Eisenach, Saxe-Meiningen, Saxe-Altenburg, Saxe-Coburg-Gotha, Schwarzburg-Rudol- stadt, Schwarzburg-Sondershausen, the elder branch of Iteuss, and the younger branch of Reuss, Brunswick, Old- enburg, Nassau, and the Free Town of Frankfort; as like- wise in the name of the Grand Duchies of Mecklenburg- Schwerin and Mecklenburg-Strelitz, on the one part; and their Majesties Phra Bard Somdetch Plira Paramendr Malta Mongkut, Phra Choni Klau, Chau Yu Hua, the first King of Siam, and Phra Bard Somdetch Phra Pawarendr Ramesr, Mahiswaresr Phra Pin Klau Chau Yu Hua, the *Signed also in the German and Siamese languages. 2 110 Second King of Siam, on the other part; being sincerely desirous to establish friendly relations between the afore- named States and Siam, having resolved to secure the same by a Treaty of Peace and Commerce mutually ad- vantageous, and profitable to the subjects of the High Contracting Powers, and for this purpose have named as their Plenipotentiaries : Ilis Majesty the King of Prussia, the Chamberlain Frederick Albert, Count of Eulenburg, his Envoy Ex- traordinary and Minister Plenipotentiary, Knight of the Order of the Red Eagle and of the Order of St. John; and Their Majesties the First and Second King of Siam, His Royal Highness Prince Kroinma Luang Wongsa Teerat Senneet; his Lordship Chowpraya Suriwongs Samuha Prakralahome, Commander-in-chief of the Forces, and Governor-General of the South-western Provinces; his Lordship Chowpraya Rawiwong Maha Kosatibodee, Minister of Foreign Affairs and Governor-General of the Eastern Coast of the Gulf of Siam; his Lordship Chow Pya Yomarat, Governor of the City of Bangkok and its vicinities; his Excellency Praya Montree Prakralahome Fighnear, Governor-General of the Northern Provinces; Who, after having communicated to each other their respective full powers, and found them to be in good and due form, have agreed upon the following Articles : Art. I. Between the Contracting German States and their Majesties the First and the Second King of Siam, their heirs and successors, as well as between their re- spective subjects, there shall be constant peace and per- petual amity. 2 Ill The subjects of each of the High Contracting Parties shall enjoy in the dominions of the other full security of person and property. There shall be full and entire freedom of commerce and navigation for the subjects and vessels of the High Contracting Powers, in every portion of their respective territories, where trade and navigation are actually al- lowed, or may hereafter be allowed to the subjects or vessels of the most favoured nation. II. The High Contracting Powers recognize recipro- cally their right to appoint Consuls-General, Consuls, Vice-Consuls, and Consular Agents in the ports and towns of their respective States, and these officers are to enjoy the same privileges, immunities, powers, and exemptions, as are or may be accorded to those of the most favoured nation. The said Consular officers shall, however, not begin to exercise their functions until they shall have re- ceived the exequatur of the local Government. The Con- tracting German States will appoint one Consular of- ficer only for each port or town; but for those places where they appoint a Consul-General or a Consul, they shall have the right of nominating a Vice-Consul or Con- sular Agent besides, to act for the Consul-General or Con- sul, in case of his being absent or unable to attend. Vice- Consuls or Consular Agents may also be appointed by the Consuls-General or Consuls, their chiefs. The German Consular officer shall have under his pro- tection, superintendence, and control, the interests of all subjects of the Contracting German States, who reside or who arrive in Siam. He shall conform to all the pro- visions of this Treaty himself, and enforce the observance 'i 112 of tlie same by German subjects. He shall also promul- gate and carry out all rules and regulations which are now or may hereafter be enacted for the observance of German citizens with regard to the conducting of their business and their due obedience to the laws of Siam. Should the German Consular officer be absent, sub- jects of the Contracting German States visiting Siam or residing in it, may have recourse to the intervention of a Consul of a friendly nation, or they may address them- selves directly to the local authorities, who then shall take means to secure to the said German subjects all the benefits of the present Treaty. III. Subjects of the Contracting German States visit- ing Siam, or taking up their residence there, shall be al- lowed free exercise of their religion, and they shall be at liberty to build churches in such convenient localities as shall be consented to by the Siamese authorities; and such consent shall not be withheld without sufficient reason being assigned. IV. Subjects of the Contracting German States wish- ing to reside in the Kingdom of Siam must be registered at the German Consulate, and a copy of this registration must be furnished to the Siamese authorities. Whenever a subject of one of the Contracting German States has to recur to the Siamese authorities, his petition or claim must be first submitted to the German Consular officer, who shall forward the same, if it appear to him reason- able and conceived in proper terms, or else shall modify its contents. 2 113 V. Subjects of the Contracting German States, who may wish to take up their residence in Siam, shall, for the present, do so only in the city of Bangkok, or within a district, the boundaries of which, in accordance with the provisions of the other Treaties concluded between Siam and foreign Powers, are as follows: On the north, the Bangputsa canal from its junction with the Chowpya river up to the old walls of the town of Lobpury, and a straight line from thence to the Prag- nam landing-place near the town of Saraburi on the River Pasak. On the east, a straight line drawn from the Pragnam landing-place to the junction of the Klongkut canal with the Bangpakong river; and this river from thence to its mouth. On the coast between the Bangpakong and the island of Simaharajah German subjects may settle at any places within a distance of 24 hours from Bangkok. On the south, the island of Simaharajah; the Seechang islands and the city walls of Petchaburi. On the western coast of the Gulf, German citizens may settle at Petchaburi, and anywhere between that city and the river Meklong within a journey of 24 hours from Bangkok. From the mouth of the Meklong that river shall form the boundary up to the town of Rajpuri; from thence a straight line drawn to the town of Supannaburi, and thence to the mouth of the Bangputsa canal into the Chowpya river. Nevertheless, German subjects may reside beyond these boundaries on obtaining permission to do so from the Siamese authorities. All subjects of the Contracting German States are at liberty to travel and trade throughout the entire King- 2 114 doni of Siam, and to buy and sell all merchandise not prohibited, from and to whomsoever they please. They are not bound to purchase from, or to sell to, officials or monopolists; nor is anybody permitted to interfere with them or hinder them in their business. VI. The Siamese Government will place no restric- tions upon the employment of Siamese subjects in any capacity whatever by German subjects. But when a Siamese subject belongs or owes service to some particular master, he may not engage himself to a German subject without the consent of the same. Should he however do so, the contract for services is to be looked upon as concluded for 3 months only, unless a still shorter period should have been agreed upon, or the German subject be willing to discharge the Siamese at once, and during this period the German subject is bound to pay two- thirds of the stipulated wages, not to the Siamese in his employment, but to the person, to whom he belongs or owes services. If Siamese in the employment of a German subject offend against the laws of Siam, or if any Siamese offenders or fugitives take refuge with a German subject in Siam, the German Consular officer shall, upon proof of their guilt or desertion, take the necessary steps to ensure their being delivered up to the Siamese authorities. VII. Subjects of the Contracting German States shall not be detained against their will in the Kingdom of Siam unless the Siamese authorities can prove to the German Consular officer, that there are lawful reasons for such detention. 2 115 Within the boundaries fixed by Article V of this Treaty subjects of the Contracting German States shall be at liberty to travel without hindrance or delays of any kind whatever, provided they are in possession of a pass- port signed by their Consular officer, containing in Siamese characters their names, profession, and a descrip- tion of their person, and countersigned by the competent Siamese authority. Should they wish to go beyond the same limits and travel in the interior of the Kingdom of Siam, they shall procure for themselves a passport, which shall be delivered to them at the request of the Consular officer by the Siamese authorities, and such passport shall not be refused in any instance, except with the concur- rence of the Consular officer of the Contracting German States. VIII. Within the limits specified in Article V sub- jects of the Contracting German States may buy and sell, take or let on lease land and plantations, and may build, buy, rent, sell, or let houses. The right, however, of own- ing land situated : 1. On the left bank of the river, within the city of Bangkok proper and on the piece of ground between the citv-walls and the Klong-padung-krung- krasem canal ; and, 2. On the right bank of the river, be- tween the points opposite the upper and the lower mouth of the Klong-padung-krung-krasem canal, within a dis- tance of two English miles from the river, shall only be- long to such as have received a special permission from the Siamese Government or have spent ten years in Siam. In order to obtain possession of such property, German subjects may make an application through the Consular officer to the Siamese Government, which thereupon will 2 116 appoint a functionary, who, jointly with the Consular officer shall equitably adjust and settle the amount of the purchase-money, and make out and fix the boundaries of the property. The Siamese Government will then con- vey the property to the German purchaser. All landed property of German subjects shall be under the protection of the District Governor and the local authorities, but the proprietors shall conform in ordinary matters to all equitable direction preceding (sic) from the said author- ities, and shall be subject to the same taxation, as the sub- jects or citizens of the most favoured nation. Subjects of the Contracting German States shall be at liberty to search for and open mines in any part of Siam, and the matter being distinctly set forth to the Consul, he shall, in conjunction with the Siamese authori- ties, arrange such suitable conditions and terms, as shall admit of the mines being worked. German subjects shall likewise be permitted to engage in and carry on in Siam any description of manufacture not contrary to law, upon like reasonable terms arranged between the Consul and the Siamese authorities. IX. When a subject of one of the Contracting Ger- man States residing permanently or temporarily in the Kingdom of Siam has any cause of complaint or any claim against a Siamese, he shall first submit his griev- ances to the German Consular officer, who, after having examined the affair, shall endeavor to settle it amicably. In the same manner when a Siamese shall have a com- plaint to make against any German subject, the Consular officer shall listen to his complaint and try to make an amicable settlement; but if, in such cases, this prove 2 117 impossible, the Consular officer shall apply to the com- petent Siamese functionary, and having conjointly ex- amined the affair, they shall decide thereon according to equity. X. If a crime or an offense be committed in Siam, and the offender be a subject of one of the Contracting Ger- man States, he shall be punished by the Consular officer in conformity to the respective German laws, or be sent to Germany for punishment. If the offender be a Siamese, he shall be punished by the Siamese authorities according to the laws of the country. XI. Should any act of piracy be committed on vessels belonging to one of the Contracting German States on the coast or in the vicinity of the Kingdom of Siam, the authorities of the nearest place, on being informed of the same, shall use all means in their power towards the capture of the pirates and the recovery of the stolen prop- erty, which shall be delivered to the Consular office, to be restored by him to the owners. The same course shall be followed by the Siamese authorities in all acts of pil- lage and robbery directed against the property of German subjects on shore. The Siamese Government shall not be held responsible for property stolen from German sub- jects, as soon as it be proved, that it lias employed all means in its power for recovery of the same; and this principle shall equally hold good with regard to Siamese subjects living under the protection of one of the Con- tracting German States, and to their property. XII. On the German Consular officer sending a writ- ten application to the Siamese authorities, they shall re- 12 JiS ceive from them every aid and support in detecting and arresting German sailors or other subjects, or any in- dividuals under the protection of a German flag. The German Consular officer shall also, at his request, receive from the Siamese authorities every necessary assistance and a sufficient force to give due effect to his authority over German subjects and to keep up discipline among German shipping in Siam. In like manner, whenever a Siamese guilty of desertion or any other crime should take refuge in the house of a subject of one of the Con- tracting German States, or on board of a German vessel, the local authorities shall address themselves to the Ger- man Consular officer, who, on proof of the culpability of the accused, shall immediately authorize his arrest. All concealment and connivance shall be carefully avoided by both parties. XIII. Should a subject of one of the Contracting Ger- man States engaged in business in the Kingdom of Siam become bankrupt, the German Consular officer shall take possession of all his goods, in order to distribute them proportionately among the creditors, for which end he shall receive every aid from the Siamese authorities; he shall also neglect no means to seize on behalf of the creditors all the goods, which the said bankrupt may pos- sess in other countries. In like manner in Siam the au- thorities of the Kingdom shall adjudicate and distribute the effects of Siamese subjects, who may become insol- vent in their commercial transactions with subjects of the Contracting German States. XIV. Should a Siamese subject refuse or evade the payment of a debt to a German subject, the Siamese au- 2 119 thorities shall afford the creditor every aid and facility for recovering what is due to him. In like manner the German Consular officer shall give every assistance to Siamese subjects for recovering debts which may be due to them from subjects of the Contracting German States. XV. In case of the decease of one of their respective subjects in the dominions of the one or the other of the High Contracting Parties, his property shall be delivered unto the executor of his will, or if none have been ap- pointed, upon the family of the deceased or unto his partners in business. If the defunct possesses neither a family nor partners in business, his property shall, in the dominions of both of the High Contracting Parties, be placed, as far as the laws of the land permit it, under the charge and control of the respective Consular officers, in order that these may deal with it in the customary manner according to the laws and usages of their country. XVI. Men-of-war belonging to one of the Contracting German States may enter the river and anchor at Pak- nam, but in case they intend to proceed to Bangkok, they must first inform the Siamese authorities, and come to an understanding with the same respecting the anchorage. XVII. Should a German vessel in distress enter into a Siamese port, the local authorities shall offer every facility for her being repaired and revictualled, so that she may be able to continue her voyage. Should a Ger- man vessel be wrecked on the coast of the Kingdom of Siam, the Siamese authorities of the nearest place being informed thereof, shall immediately afford every possible assistance to the crew, and take all measures necessary 2 120 for the relief and security of the vessel and cargo. They shall thereupon inform the German Consular officer of what has taken place, in order that he may, in conjunction with the competent Siamese authority, take the proper steps for sending the crew home and dealing with the wreck and cargo. XVIII. By paying the import and export duties men- tioned hereafter, vessels belonging to one of the Contract- ing German States, and their cargoes shall be free in Siam of all dues of tonnage, pilotage, and anchorage or other dues whatsoever, as well on their arrival as their departure. They shall enjoy all privileges and immunities which are or shall be granted to junks, Siamese vessels, or vessels of the most favoured nation. XIX. The duties to be levied on merchandize imported into the Kingdom of Siam by vessels belonging to any of the Contracting German States, shall not exceed 3 per cent, on their value. They shall be paid in kind or in money at the choice of the importer. If the importer cannot agree with the Siamese Custom-House officers as to the value of the merchandize imported, the matter shall be referred to the Consular officer and a competent Siam- ese functionary, who, if they consider it necessary, will each invite one or two merchants to act as advisers, and will settle the difference according to justice. After payment of the said import duty of 3 per cent, the merchandize may be sold by wholesale or retail, free of any other charge whatsoever. Should goods be landed and not sold, and be again shipped for exportation, the whole of the duties paid on them shall be reimbursed ; and 2 121 in general no duty shall be levied on any cargo not sold. Nor shall any further duties, taxes, or charges be imposed or levied on imported goods, after they have passed into the hands of Siamese purchasers. XX. The duties to be levied on Siamese produce either before or at the time of shipment, shall be according to the tariff annexed to the present Treaty. Every article of produce subject to duties of exportation according to this tariff shall be free of all transit and other dues throughout the whole Kingdom of Siam; and it is like- wise agreed, that no Siamese produce which shall have paid transit or other dues, shall be subject to any tariff duty or other charge whatsoever, either before or at the time of shipment. XXI. On paying the duties above mentioned, which are not to be augmented in future, subjects of the Con- tracting German States shall be at liberty to import into the Kingdom of Siam from German and foreign ports, and likewise to export for all destinations, all goods, which on the day of the signing of the present Treaty are not the object of a formal prohibition or a special monopoly. The Siamese Government reserves to itself, however, the right of prohibiting the exportation of rice, whenever it shall find reason to apprehend a dearth in the country. But such prohibition, which must be published one month before being enforced, shall not interfere with the fulfil- ment of contracts made bona fide before its publication; German merchants shall, however, inform the Siamese authorities of any bargains they have concluded previ- ously to the prohibition. It shall also be permitted that 2 122 ships which have arrived in Siam at the time of the pub- lication of said prohibition, or are on their way to Siam from Chinese ports or from Singapore, if they have left these ports before the prohibition to export could be known there, may be laden with rice for exportation. Should the Siamese Government hereafter reduce the duties on goods imported or exported in Siamese or other bottoms, vessels belonging to any of the Contracting Ger- man States which import or export similar produce, shall immediately participate in the benefits accruing from such a reduction. XXII. The Consular officers of the Contracting Ger- man States shall see that German merchants and seamen conform themselves to the regulations annexed to the present Treaty, and the Siamese authorities shall aid them herein. All fines levied for infractions of the present Treaty shall belong to the Siamese Government, XXIII. The Contracting German States and their subjects shall be allowed free and equal participation in all privileges that may have been or may hereafter be granted by the Siamese Government to the Government, subjects or citizens of any other nation. XXIV. After the lapse of 12 years from the date of ratification of this Treaty, the Contracting States may propose a revision of the present Treaty, and of the Regu- lations and Tariff thereunto annexed, in order to intro- duce such alterations, additions, and amendments, as experience may prove to be desirable. Notice of such an intention must, however, be given at least a year before- hand. 2 123 XXV. The present Treaty is executed in fourfold copies in the German, the Siamese, and the English lan- guage. All these versions have one and the same mean- ing and intention, but the English text shall be looked upon as the original text of the Treaty, so that if any different interpretation of the German and Siamese versions should ever occur, the English text shall deter- mine the sense. The Treaty shall take effect immediately, and its rati- fications shall be exchanged at Bangkok within 18 months of the present date. In witness thereof the Plenipotentiaries named at the beginning have signed and sealed the present Treaty at Bangkok on the 7th day of the month of February in the year of our Lord 1862, corresponding to the Siamese date of the 8th day of the 3rd moon in the year of the cock, the 3rd of the decade, and the 11th of the present reign, and the year 1823 of the Siamese civil era. (l. s. ) Count of Eulenburg. (l. s.) Kromma Luang Wongsa Teerat Senneet. (l. s.) Chowpraya Suriwongs Samuha Prakralahome. (l. s.) Chowpraya Rawiwong Maha Kosatibodee. (l. s. ) Chow Pya Yomarat. (l. s.) Praya Montree Prakralahome Fighnear. 2 124 Here follow Trade Regulations and Tariff of Import, Export, and Inland Duties to be levied on Articles of Trade, substantially the same as those attached to the Treaty with Great Britain, April 18, 1855. 2 125 France, 1867. Convention entre la France et le Royaume de Siam, relativement a l’Importation des Yins et Spiri- tueux dans le Royaume de Siam.* — Conclue a Paris, le 7 AoPt, 1867. (Ratifications echangees a Bangkok, le 21 Novembre, 1867. ) Le Goiiyerneinent de Sa Majeste l’Empereur des Frangais et le Gouvernement de Sa Majeste le Roi de Siam, desirant consolider et accroitre par line Convention speeialement relative au regime des vins et spiritueux importes dans le Royaume de Siam les avantages que les deux Pays ont jusqu’a present recueillis du Traite d’Amitie, de Commerce, et de Navigation, conclu a Bangkok, le 15 Aout, 1856, les Plenipotentiaires Sous- signes : M. le Marquis Leonel de Moustier, Ministre et Secre- taire d’Etat au Departement des Affaires Etrangeres de Sa Majeste l’Empereur des Frangais. Et Pliya Surawongs Way Wat, Premier Ambassadeur de Sa Majeste le Roi de Siam, et Phra Ivaxa Sena, son second Ambassadeur : Dument autorises, ont arrete dans ce but les Articles suivants : Art. I. Les sujets Frangais jiourront, moyennant l’acquittement d'un droit d’entree de 3 pour cent de la valeur, importer dans le Royaume de Siam, de quelque ^Promulgated by Decree of Emperor of the French, February 29, 1868. 2 126 pays et sous quelque pavilion que ce soit, des vins et autres boissons fermentees, ainsi que toute espece de boissons distillees. Ces produits pourront etre librement vendus et transportes daus l’interieur du pays, et leur vente ne sera pas soumise it d’autres charges que celles qui se trouvent indiquees ci-apres. II. Tout individu qui voudra vendre en detail des boissons fermentees on distillees de provenance etrangere devra se munir d’un permis special. Ce permis sera delivre par l’autorite Siamoise, que ne pourra jamais le refuser. III. Toutes les fois qu'un permis sera delivre pour la vente en detail de boissons distillees d’une valeur inferieure a 1 franc 65 centimes (un demi-tical) le litre, il n’en pourra etre fait usage que pour un seul etablisse- ment on un seul bateau, et que dans les limites d’un district determine. IV. La delivrance des permis aura lieu sans frais, mais une taxe annuelle pourra etre exigee de tout detaillant qui vendra des boissons distillees d’une valeur inferieur a 1 franc 65 centimes (un demi-tical), le litre, alors meme qu’il vendrait simultanement des spiritueux de qualite superieure. Cette taxe ne devra, en aucun cas, depasser 45 ticaux. V. Les infractions aux dispositions qui precedent serout punies d’une amende qui ne pourra exceder 200 ticaux. Si le contrevenant est sujet ou protege Fran§ais, la condemnation a l'amende devra etre prononcee par le Consul de France. 2 127 VI. Les sujets Frangais devant jouir, aux termes du Traite du 15 Aout, 1856, du traitement de la nation la plus favorisee. II est bien entendu qu’ils ne seront tenus de se conformer aux dispositions de la presente Conven- tion qu’autant que les sujets des autres nations y seraient egalement soumis et les observeraient en toute circon- stance. VII. La presente Convention aura une duree fixe de 5 annees, a dater de l’echange des ratifications, et elle demeurera ensuite obligatoire d’annee en annee jusqu’a ce que l'un des deux Gouvernements ait annonce a l’autre, un an a l’avance, son intention d’en faire cesser les effets. Les deux Gouvernements se reservent d'ailleurs d’y introduire d’un commun accord, & l’expiration du terme assigne a sa duree fixe, les modifications qui seraient jugees necessaires. Les ratifications en seront echangees h Bangkok dans le delai de 5 mois, ou plus tot si faire se peut. En foi de quoi, les Plenipotentiaires respectifs out signe la presente Convention et y ont appose leurs cachets. Fait h Paris, le 7 Aout, 1867. (l. s.) Moustier. (l. s.) Phya Surawongs Way Wat. (l. s.) Phra Kaxa Sena. 2 128 Sweden and Norway, 1868. Treaty of Friendship, Commerce, and Navigation, between Siam and Sweden and Norway. — Signed at London, May 18, 1868. (Ratifications exchanged at London, November 9, 1869.) Same as German Treaty of 1862. 129 Belgium, 1868. Treaty of Friendship and Commerce between Belgium and Siam. — Signed in London, August 29, 1868.* Same as German Treaty of 1862. *Signed also in the French language. 2 130 Italy, 1868. Treaty of Friendship, Commerce, and Navigation, between Italy and Siam. — Signed in London, October 3, 1868. (Ratifications exchanged at Bangkok, 1st January, 1871.) (Translation.) His Majesty the Iving of Italy and His Majesty the Supreme King of Siam, animated by the desire to estab- lish friendly relations between the two countries, have resolved to conclude a solemn Treaty, and have appointed their Plenipotentiaries. His Majesty the King of Italy, Signor Carlo Alberto Maffei, Count di Boglio, officer of the Order of St. Maurice and St. Lazarus, Knight of the Crown of Italy, Secretary of Legation, First-Class, His Charge d’ Affaires with Her Majesty the Queen of the United Kingdom of Great Britain and Ireland. And His Majesty the Supreme King of Siam, Sir John Bowring, Doctor of Laws, Member of the Royal Society of Great Britain, Knight Bachelor of England, Commander of the Order of St. Maurice and St. Lazarus, and of various other Orders, Phya Siamanu Kulkick Siamnitz Mahayasa, and adorned with the ensigns of the White Elephant of Siam, &e. ; Who, after having exchanged their full powers and recognised them as in due form, have stipulated as follows : — 2 131 Art. I. There shall be perpetual peace and friendship between His Majesty the King of Italy and his successors, and His Majesty the King of Siam and his successors. Every Italian who wishes to go into the territory of the Kingdom of Siam, shall receive protection and assist- ance from the Government there, and shall be authorised to reside anywhere in Siam in absolute and full safety, and to carry on commerce free from oppression and from every injury on the part of the Siamese authorities. In like manner every Siamese subject who may go into Italy shall have full and absolute protection from the Italian Government, equal to that granted by the Siamese Government to Italian subjects. II. To maintain the good relations between the two States, His Majesty the King of Italy and His Majesty the King of Siam reciprocally agree that the former may accredit a Diplomatic Agent to the Government of His Majesty the King of Siam, and that the latter may accredit a Diplomatic Agent to the Government of His Majesty the King of Italy. III. His Majesty the King of Siam consents that the Diplomatic Agent of His Majesty the King of Italy shall reside at Bangkok with his family and the persons of his household. The said Representative shall enjoy all the privileges and immunities which belong to him according to the law of nations: he shall have full liberty to select his oavii functionaries and the persons for his service, and neither the one nor the other shall be molested in any way, but shall be protected in accordance with diplomatic and international usages. 2 132 IV. No impediment shall be put in the way of the Representative of His Majesty the King of Italy, or of the persons of his suite. The said Representative may send or receive his own correspondence from any part of the Siamese territory, and his letters and effects shall be inviolable. He shall transact business with the Ministers of His Majesty the King of Siam, personally or in writing, on terms of perfect equality. V. His Majesty the King of Italy grants the same privileges to the Siamese Diplomatic Agents accredited to his Court. VI. His Majesty the King of Italy may appoint Con- suls in the Siamese State, and they may reside in the cities or ports, where His Majesty may think fit to place them for the interests of Italian commerce. The Consuls shall take care that the regulations are exactly observed ; they shall be treated with due respect by the Siamese authorities, and they shall enjoy all the immunities and privileges granted to the Consuls of the most favoured nations. If the Italian Government should not think it neces- sary to station a Consul in any one of the open ports, it may invest the Consul of a Friendly Power with the functions of Consular Agent. All the Consular authorities, before they assume the exercise of their functions, must obtain the usual exequa- tur from His Majesty the King of Siam. The conditions which are granted by His Siamese Majesty to the Consular authorities of His Majesty the 2 133 King of Italy, shall also be granted by His Majesty the King of Italy to those of His Majesty the King of Siam. VII. Italians who profess or teach the Christian re- ligion shall have a right to the protection of the Siamese authorities, and none of them shall be molested or per- secuted, if they peacefully perform their duties and do not offend against the laws. VIII. Italian subjects who intend to reside in Siam must be registered at the Legation or the Consulate of Italy. They cannot embark nor go beyond the bounds fixed by this Treaty for their residence, without a pass- port from the Siamese authorities, to be obtained through the Italian Legation or Consulate; nor can they leave Siam if the Siamese authorities prove to the above-men- tioned Legation or Consulate that there are legitimate obstacles against their departure from the territory of Siam. But on the conditions of this Treaty, Italians may travel in every part of the interior of the State, either for pleasure or for commercial purposes, provided they have passports issued by the Italian Legation or Consulate, and vis6d by the Siamese authorities. IX. Any dispute or controversy between Italian and Siamese subjects, shall be settled by the Diplomatic Representative, or jointly by the Consuls and the func- tionaries of Siam. Criminal cases shall be adjudged by the Legation or the Consulates if the delinquent be an Italian, and by the local authorities if he be a Siamese subject. 2 134 But neither the Legation nor the Consulates shall interfere in matters affecting Siamese subjects only, nor shall the local authorities interfere in questions relating purely to Italian subjects. X. If Siamese in the service of Italian subjects should offend against the laws of their country, or if any Siamese delinquent should take refuge in the house of an Italian subject residing in Siam, the said Siamese shall be arrested, and, after proof of their culpability, shall be given up by the Legation or the Consulates to the local authorities. In like manner, if an Italian delinquent should take refuge in the territory of Siam, he shall be apprehended and delivered up by the authorities to the Legation or the Consulates on their demand. XI. Italian subjects are allowed to trade in all the ports of Siam, but their permanent residence shall be restricted to Bangkok, and to those other places where the domicilation of subjects of the most favoured nation may hereafter be permitted under the authority of the Siamese Government. Italians residing at Bangkok may rent ground and buy or build houses, but they cannot acquire lands within a radius of 200 sen (not more than 4 English miles) from the walls of the city, unless they have resided in Siam for 10 years, or have obtained the special permission of the Siamese Government. But saving this exception, Italians residing in Siam may at any time buy and rent houses, lands, or plantations wherever situated within the distance of 24 hours from the city of Bangkok, 2 135 reckoned at the rate at which the boats of the country travel. To obtain possession of such houses or lands, it will be necessary that the Italian subjects shall apply first of all to the competent Siamese public officer through the Legation or a Consulate; when both the Legation or the Consulate, as well as the Siamese officer, shall have ascer- tained the good faith of the applicant, they shall assist him in determining the just price of the acquisition, they shall point out and settle the boundaries of the property, and shall deliver it over to the Italian purchaser by means of a public instrument. Then he and his estate shall be placed under the protection of the Governor of the dis- trict, and under that of the proper local authorities. He shall obey in ordinary matters any just order issued by them, and shall be liable to the same imposts as Siamese subjects. But if, after three years from the concession, the cultivation or the improvement of the lands conceded shall not have been commenced, the Siamese Government shall have the right to re-enter in possession thereof, on restoration of the purchase-money. XII. The Siamese Government will not impose any restrictions on the employment of Siamese subjects by Italians, whether as servants, or in any other capacity; but if a Siamese subject belongs or owes service to a master, he may be reclaimed by the master, and the Siamese Government will not recognize the contract be- tween an Italian subject and any Siamese, if it be not entered into with the knowledge and consent of the master who has the right to dispose of the services of the person employed. 2 136 XIII. The Siamese authorities cannot, under any cir- cumstances, lay an embargo on Italian ships, nor impose requisitions on them for any public or private service. In case of robbery or incendiarism, the local authorities will take the proper measures to recover the stolen prop- erty, to suppress disorder, and to arrest the guilty per- sons, who shall be punished according to the law. But if the local authority shall not succeed in captur- ing the delinquents, all that can be demanded of the Siamese Government shall be the punishment of the said authority, according to the laws of Siam. XIV. If an Italian ship should be attacked by robbers or pirates in the waters of Siam, the Siamese authorities are bound to use every effort to capture and punish the said robbers or pirates, and to recover the stolen property, which shall be delivered up to the Legation or to the Con- suls, to be restored to those who have a right to it. But if the Siamese authorities fail to arrest the delinquents and to recover the stolen property, all that can be de- manded of the Siamese Government shall be the punish- ment of the said authorities according to the laws of Siam, but never the indemnification of the persons robbed. XV. If any Italian ship should be wrecked or stranded on one of the coasts of Siam, or should take refuge in a port of His Majesty the King of Siam’s States, the Siamese authorities, as soon as they are informed of the event, shall provide for the assistance and rescue of the ship. The persons on board shall be treated in a friendly manner, and shall receive, if necessary, the requisite means to enable them to reach the nearest Consular office. 2 137 XVI. The High Contracting Parties, recognizing the principles of maritime law established by the Paris Con- gress of 1856 , agree that if a war should take place be- tween them, private property, of whatever kind, belong- ing to citizens of the one, shall be respected by the other, in the same manner as the property of neutrals. This shall be observed on land, at sea, on the high seas, in the territorial waters, and everywhere else, and whatever may be the flag under which the vessels navigate or the goods are carried, without any limitation, except the case of breaking blockade and the case of contraband of war. The right is maintained, however, of preventing, dur- ing the war, all commerce and communication between all or any points of the coast of their own territory, and merchant ships under hostile flags, and also to visit trans- gressors of the prohibition with confiscation and other penalties, provided the prohibition and the penalties be made known by a suitable manifesto published previously. XVII. If Siam should be at war with another nation, this circumstance shall not cause any impediment to the free trade of Italy with Siam, or with the hostile nation. Italian ships may always, save in the case of effective blockade, proceed from the ports of on£ to the ports of the other belligerent nation, transact the usual business there, and import or export all kinds of goods not pro- hibited. XVIII. If sailors or other persons desert from Italian ships of war or merchant-vessels, the Siamese authority shall, at the request of the Legation, of one of the Con- sulates, of the commanders or captains, have the said 2 138 deserters immediately arrested, and delivered on board of the respective ships. XIX. Italian ships of war may enter the River Meinam and anchor at Paknam, bnt they must not go further without the consent of the Siamese authorities, which is to be given when it may be necessary for a ship to go into the repairing dock. Any ship of war bringing to Siam a public functionary accredited by the Italian Government to the Court of Siam, shall have a right to go up to Bangkok, but shall not pass the forts called Pong-pa-chamit and Pit-pachanuck, without the permis- sion of the Siamese Government. In default of an Italian ship of war, however, the Siamese authorities undertake to provide the Italian Legation or Consulates with a suf- ficient force to enable them to make their authority over Italian subjects respected, and to maintain discipline among the crews. XX. Italian navigation and traffic shall henceforward be subject only to payment of the import and export duties upon the goods unloaded or loaded. On all articles of importation, the duties shall be 3 per cent, payable, at the choice of the importer, in goods or in money, calculated on the mercantile or saleable value of the goods in the market. The whole of the duty will be returned on merchandise unsold and re-exported. If the Italian merchant and the Custom-House officers should not agree as to the value to be put upon the arti- cles imported, the dispute shall be referred to the Lega- tion or to one of the Italian Consulates, and a competent Siamese functionary. Each of them shall have a right to 2 139 invite an equal number of merchants as assessors, not more than two on each side, in order to assist them to come to a just decision. Opium may be imported free of duty, but can only be sold to the opium farmer and his representatives; if no agreement can be made with them for the sale of the opium, it shall be re-exported, and no duty shall be levied on that account. Any infraction of this rule will render the opium liable to seizure and confiscation. The Siamese Government reserves to itself the right of issuing such ordinances and regulations as considera- tions of public health and safety may require in regard to the importation and sale of spirituous liquors, or any dangerous or unwholesome article. Gun-powder, fire- arms, and ammunition of all kinds, can only be imported on account of the Government, and if they are brought to Siam, they must be re-exported, unless they are taken by the Government. Articles for exportation, from the time of production to the date of loading, shall pay but one impost, whether it be levied under the name of inland tax, transit duty, or export duty. The tax or duty to be paid on each article of Siamese produce, before or at the time of the exporta- tion, is specified in the tariff annexed to the present Treaty; and it is understood that the goods or produce which pay any kind of tax in the interior shall be exempt from any other payment of export duties. Italian mer- chants shall be at liberty to obtain the articles of their commerce direct from the producer, and to sell their own goods direct to whom they please, and also to buy them 2 140 without the intervention of any other person in either case. If there should be articles of exportation not included in the tariff of duties, upon which the Siamese Govern- ment may consider it expedient to impose a tax or duty, the said Government shall be free to levy such tax or duty, provided that it be just and reasonable. XXI. Whenever a dearth of salt, rice, or fish may be threatened, the Siamese Government reserves the right of prohibiting the exportation of those articles by public edict. XXII. Italian subjects shall have a right to construct ships in Siam, on obtaining permission from the Siamese authorities. XXIII. Bars of gold and of silver, and articles for per- sonal use, may be imported and exported free of duty. XXIV. If the captain of an Italian ship wishes to leave within 24 hours after his arrival, without opening the hatchway, he shall not pay tonnage dues, but those dues shall be payable as soon as the said 24 hours expire. XXV. The regulations annexed to this Treaty shall be enforced by the Italian Consuls through the co-operation of the Siamese authorities; both may agree to introduce such further rules as they may find necessary to carry out the purpose of this Treaty. All the fines and penalties inflicted for infringements of the Articles and the regulations of this Treaty shall be paid to the Siamese Government. 2 141 XXVI. The Italian Government and Italian subjects shall have free and equal participation in all the privi- leges which have been, or shall hereafter be, granted by the Siamese Government to the Government or subjects of any other nation. XXVII. If any question should arise between the Italian Government and the Siamese Government that cannot be solved by friendly negotiation and diplomatic correspondence, the said question shall be submitted to the arbitration of a neutral and friendly Power, to be chosen by common consent of the High Contracting Par- ties, and the result of that arbitration shall be accepted and acknowledged by both. XXVIII. After 10 years from the date of the ratifica- tion of the present Treaty, the provisions contained therein may be subjected to revision, at the request of either Government, and after 12 months' notice. For this purpose Commissioners shall be appointed by both the parties, and they shall have the power of inserting therein such amendments as experience shall have shown to be desirable. XXIX. The present Treaty is drawn up in the Italian and English language, and it is decided that the English text shall be accepted by both the High Contracting Parties, as the true interpretation of the meaning of this Treaty, as well as that of the regulations and of the tariffs annexed thereto. XXX. The ratifications of this Treaty shall be ex- changed at Florence, or at Bangkok, or in London, within the period of a year from its date. 2 142 In faith whereof the respective Plenipotentiaries have signed the present Treaty, and have affixed to it the seal of their arms. Done in London, the 3rd day of October, 1868. (l. s.) A. Maffei, (l. s.) John Bowring. Here follow Regulations for conducting Italian Commerce in Siam and Tariff of the Inland and Export Duties to which Articles of Commerce are subject, substantially the same as those attached to the Treaty with Great Britain, April 18, 1855. 2 143 Austria Hungary, 1869. Treaty of Commerce between Austria Hungary and Siam. — Signed at Bangkok, May 17, 1869. (Ratifications exchanged at Bangkok, April 30, 1872.) Same as German Treaty of 1862. Spain, 1870. Treaty" of Friendship, Commerce, and Navigation, between Spain and Siam. — Signed at Bangkok, Feb- ruary 23, 1870. (Ratifications exchanged at Bangkok, 23rd March, 1872.) (Translation.) Same as German Treaty of 1862 except for inversions of sequence of articles. 2 144 Great Britain, 1883. Agreement between Great Britain and Siam, for Regulating the Traffic in Spirituous Liquors, — Signed at London, April 6, 1883. The Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the Government of His Majesty the King of Siam, being desirous of making satisfactory arrangements for the regulation of the traffic in spirituous liquors in Siam, the Undersigned, duly authorized to that effect, have agreed as follows : — Art. I. Spirits of all kinds not exceeding in alcoholic strength those permitted to be manufactured by the Siamese Government in Siam may be imported and sold by British subjects on payment of the same duty as that levied by the Siamese excise laws upon spirits manu- factured in Siam; and spirits exceeding in alcoholic strength spirits manufactured in Siam as aforesaid may be imported and sold upon payment of such duty and of a proportionate additional duty for the excess of alcoholic strength above the Siamese Government standard. Beer and wines may be imported and sold by British subjects on payment of the same duty as that levied by the Siamese excise laws upon similar articles manufac- tured in Siam, but the duty on imported beer and wines shall in no case exceed 10 per cent, ad valorem. The said duty on imported spirits, beer and wines shall be in substitution of, and not in addition to, the import duty of 3 per cent, leviable under the existing 2 145 Treaties; and no further duty, tax, or imposition what- ever shall be imposed on imported spirits, beer, and wines. The scale of excise duty to be levied upon spirits, beer, and wines manufactured in Siam shall be communicated by the Siamese Government to Her Majesty’s Agent and Consul-General at Bangkok, and no change in the excise duties shall affect British subjects until after the expira- tion of six months from the date at which such notice shall have been communicated by the Siamese Govern- ment to Her Majesty’s Representative at Bangkok. II. The testing of spirits imported into the Kingdom of Siam by British subjects shall be carried out by Euro- pean officials nominated by the Siamese authorities, and by an equal number of experts nominated by Her Maj- esty’s Consul. In case of difference the parties shall nomi- nate a third person, who shall act as umpire. III. The Siamese Government may stop the importa- tion by British subjects into Siam of any spirits which, on examination, shall be proved to be deleterious to the public health ; and they may give notice to the importers, consignees, or holders thereof to export the same within three months from the date of such notice, and if this is not done the Siamese Government may seize the said spirits and may destroy them, provided always that in all such cases the Siamese Government shall be bound to refund any duty which may have been already paid thereon. The testing of spirits imported by British subjects, and which may be alleged to be deleterious, shall be carried out in the manner provided by Article II. 2 146 The Siamese Government engage to take all necessary measures to prohibit and prevent the sale of spirits manu- factured in Siam which may be deleterious to the public health. IV. Any British subject who desires to retail spiritu- ous liquors, beer, or wines in Siam must take out a special license for that purpose from the Siamese Government, which shall not be refused without just and reasonable cause. The license may be granted upon conditions to be agreed upon from time to time between the two Govern- ments. V. British subjects shall at all times enjoy the same rights and privileges in regard to the importation and sale of spirits, beer, wines, and spirituous liquors in Siam as the subjects of the most favoured nation; and spirits, beer, wines, and spirituous liquors coming from any part of Her Britannic Majesty’s dominions shall enjoy the same privileges in all respects as similar articles coming from any other country the most favoured in this respect. It is therefore clearly understood that British subjects are not bound to conform to the provisions of the present Agreement to any greater extent than the subjects of other nations are so bound. VI. Subject to the provisions of Article V, the present Agreement shall come into operation on a date to be fixed by mutual consent between the two Governments, and shall remain in force until the expiration of six months’ notice given by either party to determine the same. 2 147 The existing Treaty engagements between Great Britain and Siam shall continue in full force until the present Agreement comes into operation ; and after that date, except in so far as they are modified hereby. Should the present Agreement be terminated the Treaty engagements between Great Britain and Siam shall revive, and remain as they existed previously to the signature hereof. VII. In this Agreement the words “British subject” shall include any naturalized or protected subject of Her Britannic Majesty ; and the words “Her Majesty’s Consul” shall include any Consular officer of Her Britannic Majesty in Siam. In witness whereof the Undersigned have signed the same in duplicate, and have affixed thereto their seals. Done at London, the sixth day of April, 1883, corre- sponding to the fourteenth day of the waning moon of the month Phagunamas, of the year Horse, Fourth Decade, 1244, of the Siamese Astronomical Era. (l. s. ) Granville, (l. s.) Prisdang. 2 148 France, 1883. Arrangement entre la France et le Koyaume de Siam, relativement a l' Importation et A la Yente DES BOISSONS EN SlAM. — SlGNE A PARIS, LE 23 MAI, 1883. (Ratifications echangees it Paris, le 12 Aofit, 1885.) Art. I. Les ressortissants Francais pourront importer dans le Royaume de Siam, de quelque pays et sous quelque pavilion que ce soit, des boissons ferment£es, ainsi que toute espeee de boissons distillees dont le titre alcoolique ne sera pas superieur it 50 degres, mesures ii l’alcoometre de Gay-Lussac, moyennant l’acquittement d'un droit d’entree qui ne pourra etre plus eleve que les droits interieurs qui grevent les boissons fermentees ou distillees d’origine Siamoise. Ils pourront egalement importer les spiritueux d’un titre superieur it 50 degres; mais ces boissons, tant qu’il ne sera pas fabrique h Siam de spiritueux du meme titre, pourront etre soumises it un droit additionnel etabli proportionnellement d’apres la base adoptee pour les spiritueux d’un titre inferieur. En ce qui concerne les vins, le droit d'entree ne pourra, dans tous les eas, exceder 8 pour cent de la valeur. II. Le Tarif des droits d’accise etablis sur les spiri- tueux fabriques a Siam devra etre communique par le Gouvernement Siamois au Consul et Commissaire de France ii Bangkok, et dans le cas ou ces droits viendraient a etre rehausses les nouveaux droits ne seraient applic- ables aux spiritueux importes par des ressortissants Francais qu’it l’expiration d’un delai de six mois, dater du jour oil ils auraient ete notifies par le Gouvernement Siamois ou Consul de France it Bangkok. 2 149 III. L’essai des boissons importees dans le Royaume de Siam sera fait par deux experts, designes l’un par l’autorite Siamoise, l’autre par le negociant importateur, et & son defaut par le Consul de France. En cas de disaccord les experts designeront un tiers arbitre. IV. Tout individu qui voiulra, vendre en detail des boissons fermentees ou distillees devra se inunir d'un permis special (license). Ce permis ne pourra etre delivre que par l’autorite Siamoise, que ne pourra ie refuser sans un motif juste et raisonnable. Les detaillants Siamois ou etrangers qui vendront des boissons d’origine etrangere importees par des ressortis- sants Frangais ne pourront etre sounds a des taxes autres ou plus elevees que ceux qui vendront des boissons de fabrication Siamoise. Les autres conditions auxquelles pourra etre subor- donnees la delivrance du permis ou licence seront fixees ult^rieurement d'un commun accord entre les deux Gouvernements. II est d'ailleurs bien entendu que les porteurs de permis ou licences devront pour la vente des boissons se conformer aux lois et reglements du Royaume de Siam. Le Gouvernement Siamois s'engage de son cote a n'entraver en aueune maniere la vente en derail des boissons fermentees ou distillees d’origine etrangere qui ne seraient pas reconnues contraires ti la sante publique. V. L'analyse des boissons pretendues nuisibles sera faite dans les conditions indiquees par l’Article III. Lorsque les boissons soumises ii line analyse dans le dites conditions auront ete declarees nuisibles d la sante publique, le Gouvernement Siamois en donnera avis 2 150 aux importateurs, consignataires, ou detenteurs de ces produits, qui devront les reexporter dans un delai de trois mois apres cette notification. Dans le cas oil la reexportation de ces boissons ne serait pas effect ue dans le delai present, le Gouvernement Siamois pourra les faire saisir et detruire, sous reserve de remboursement des droits qui auraient ete acquittes a l’entree de ces produits dans le Royaume de Siam. VI. Les ressortissants Frangais devant jouir aux termes du Traite du 15 Aout, 1856, du traitement de la nation la plus favorisee, il est bien entendu qu’ils ne seront tenus de se conformer aux dispositions du present Arrangement qu’autant que les sujets des autres nations y seraient egalement soumis et les observeraient en toute circonstance. VII. Le present Arrangement entrera en vigueur h une date qui sera ulterieurement fixee d’un commun accord entre les deux Gouvernements, et il restera obliga- toire jusqu’ii l’expiration d’un delai de six mois partir du jour ou il aura ete denonce. Si le present Arrangement vient il prendre fin, les engagements resultant des Traites existant entre la France et Siam rentreront en vigueur et subsisteront tels qu’ils etaient avant la signature du dit Arrangement en ce qui concerne l'importation et la vente des boissons it Siam. VIII. Le present Arrangement sera ratifie, et les ratifications en seront ecliangees Paris aussitot que possible. Fait en double original it Paris, le 23 Mai, 1883. (l. s.) P. Ch. Lacour. (l. s.) Prisdang. 2 151 . Great Britain, 1883. Treaty between Great Britain and Siam, for the Prevention of Crime in the Territories of Chiengmai, Lakon, and Lampoonohi, and for the Promotion of Commerce between British Burmah and the Terri- tories aforesaid— Signed at Bangkok, September 3, 1883. (Ratifications exchanged May 7, 1881.) Whereas the relations of peace, commerce, and friend- ship happily subsisting between Great Britain and Siam are regulated by a Treaty bearing date the 18th April, 1855, and a Supplementary Agreement dated the 13th May, 1856 ; and, as regards the territories of Chiengmai, Lakon, and Lampoonchi, by a special Treaty between the Government of India and the Government of His Majesty the King of Siam, bearing date the lltli January, 1871; And whereas Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Majesty the King of Siam, Sovereign of Laos, Malays, Kareans, &c., &c., &c., with a view to the more effectual prevention of crime in the territories of Chieng- mai, Lakon, and Lampoonchi, belonging to Siam, and to the promotion of commercial intercourse between British Burmah and the territories aforesaid, have agreed to abrogate the said special Treaty concluded on the lltli January, 1871, and to substitute therefor a new Treaty, and have named their respective Plenipotentiaries for this purpose, that is to say : 2 152 Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, William Henry Newman, Esq., Her Majesty’s Acting Agent and Consul-General in Siam ; And His Majesty the King of Siam, Sovereign of Laos, Malays, Kareans, &c., his Excellency Chow Phya Blian- wongse Maha Kosa Thibodi, Grand Cross of the Most Honourable Order of the Crown of Siam, Grand Cross of the Most Noble Order of the Chula Chom Ivlao, Grand Officer of the Most Exalted Order of the White Elephant, Member of the Privy Council, Minister for Foreign Affairs; Phya Charon Raj Maitri, Grand Officer of the Most Exalted Order of the White Elephant, Knight Com- mander of the Most Noble Order of the Chula Chom Ivlao, Member of the Privy Council, Chief Judge of the Inter- national Court; and Phya Thep Prachum, Grand Cross of the Most Honourable Order of the Crown of Siam, Knight Commander of the Most Noble Order of the Chula Chom Ivlao, Grand Officer of the Most Exalted Order of the White Elephant, Member of the Privy Council, Under-Secretary of State of the War Depart- ment. The said Plenipotentiaries, after having communi- cated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles : — Art. I. The Treaty between the Government of India and the Government of His Majesty the King of Siam, bearing date the 14th January, 1874, shall be and is hereby abrogated. 2 153 II. The Siamese authorities in Chiengmai, Lakon, and Lampoonchi will afford due assistance and protection to British subjects carrying on trade or business in any of those territories; and the British Government in India will afford similar assistance and protection to Siamese subjects from Chiengmai, Lakon, and Lampoonchi, carry- ing on trade or business in British territory. III. British subjects entering Chiengmai, Lakon, and Lampoonchi must provide themselves with passports from the Chief Commissioner of British Burmah, or such officer as he appoints in this behalf, stating their names, calling, and the weapons they carry, and description. Such pass- ports must be renewed for each journey, and must be shown to the Siamese officers at the frontier stations, or in the interior of Chiengmai, Lakon, and Lampoonchi on demand. Persons provided with passports and not carry- ing any articles prohibited under the Treaty of the 18th April, 1855, or the Supplementary Agreement of the 13th May, 1856, shall be allowed to proceed on their journey without interference; persons unprovided with passports may be turned back to the frontier, but shall not be sub- jected to further interference. Passports may also be granted by Her Majesty’s Consul-General at Bangkok and by Her Majesty’s Consul or Vice-Consul at Chiengmai, in case of the loss of the original passport or of the expiration of the term for which it may have been granted, and other analogous cases. British subjects travelling in Siamese territory must be provided with passports from the Siamese authorities. 2 154 Siamese subjects going from Chiengmai, Lakon, and Lampoonchi into British Burmah must provide them- selves with passports from the authorities at Chiengmai, Lakon, and Lampoonchi respectively, stating their name, calling, description, and the weapons they carry. Such passports must be renewed for each journey, and must be shown to the British officer at the frontier stations or in the interior of British Burmah on demand. Persons provided with passports and not carrying any prohibited article shall be allowed to proceed on their journey without interference. Persons unprovided with passports may be turned back at the frontier, but shall not be subjected to further interference. IV. British subjects entering Siamese territory from British Burmah must, according to custom and the Regu- lations of the country, pay the duties lawfully prescribed on goods liable to such duty. Siamese subjects entering British territory will be liable according to the Regulations of the British Govern- ment, to pay the duties lawfully prescribed on goods liable to such duty. Tables of such duties shall be published for general information. V. His Majesty the King of Siam will cause the Prince of Chiengmai to establish and maintain guard stations under proper officers, on the Siamese bank of the Salween River, which forms the boundary of Chiengmai belonging to Siam, and to maintain a sufficient police force for the prevention of murder, robbery, dacoity, and other crimes of violence. 2 155 VI. If any persons accused or convicted of murder, robbery, dacoity, or other heinous crime in any of the territories of Chiengmai, Lakon, and Lampoonchi escape into British territory, the British authorities and police shall use their best endeavors to apprehend them. Such persons when apprehended shall, if Siamese subjects, or subjects of any third Power, according to the extradition law for the time being in force in British India, be deliv- ered over to the Siamese authorities at Chiengmai; if Brit- ish subjects, they shall either be delivered over to the Siamese authorities, or shall be dealt with by the British authorities as the Chief Commissioner of British Burmah, or any officer duly authorized by him in this behalf, may decide. If any persons accused or convicted of murder, rob- bery, dacoity, or other heinous crime in British territory, escape into Chiengmai, Lakon, or Lampoonchi, the Siam- ese authorities and police shall use their best endeavors to apprehend them. Such persons when apprehended shall, if British subjects, be delivered over to the British authorities, according to the extradition law for the time being in force in Siam ; if Siamese subjects, or subjects of any third Power not having Treaty relations with Siam, they shall either be delivered over to the British authorities, or shall be dealt with by the Siamese authori- ties, as the latter may decide, after consultation with the Consul or Vice-Consul. VII. The interests of all British subjects coming to Chiengmai, Lakon, and Lampoonchi shall be placed under the regulations and control of a British Consul or Vice-Consul, who will be appointed to reside at Chieng- 2 156 mai, with power to exercise civil and criminal jurisdic- tion in accordance with the provisions of Article II of the Supplementary Agreement of the 13th May, 1856, subject to Article VIII of the present Treaty. VIII. His Majesty the King of Siam will appoint a proper person or proper persons to be a Commissioner and Judge, or Commissioners and Judges, in Chiengmai for the purposes hereinafter mentioned. Such Judge or Judges shall, subject to the limitations and pro- visions contained in the present Treaty, exercise civil and criminal jurisdiction in all cases arising in Chieng- mai, Lakon, and Lampoonchi, between British subjects, or in which British subjects may be parties as complain- ants, accused, plaintiffs, or defendants, according to Siamese law ; provided always, that in all such cases the Consul or Vice-Consul shall be entitled to be present at the trial, and to be furnished with copies of the proceed- ings, which, when the defendant or accused is a British subject, shall be supplied free of charge, and to make any suggestions to the Judge or Judges which he may think proper in the interests of justice; provided also, that the Consul or Vice-Consul shall have power at any time, before judgment, if he shall think proper in the interests of justice, by a written requisition under his hand, directed to the Judge or Judges, to signify his desire that any case in which both parties are British subjects, or in which the accused or defendant is a Brit- ish subject, be transferred for adjudication to the British Consular Court at Chiengmai, and the case shall there- upon be transferred to such last-mentioned Court accord- ingly, and be disposed of by the Consul or Vice-Consul, as 2 157 provided by Article II of the Supplementary Agreement of the 13th May, 1856. The Consul or Vice-Consul shall have access, at all reasonable times, to any British subject who may be imprisoned under a sentence or order of the said Judge or Judges, and, if he shall think fit, may require that the prisoner be removed to the Consular prison, there to undergo the residue of his term of imprisonment. The Tariff of Court fees shall be published, and shall be equally binding on all parties concerned, whether British or Siamese. IX. In civil and criminal cases in which British sub- jects may be parties, and which shall be tried before the said Judge or Judges, either party shall be entitled to appeal to Bangkok; if a British subject, with the sanc- tion and consent of the British Consul or Vice-Consul, and in other cases by leave of the presiding Judge or Judges. In all such cases a transcript of the evidence, together with a Report from the presiding Judge or Judges, shall be forwarded to Bangkok, and the appeal shall be dis- posed of there by the Siamese authorities and Her Britannic Majesty's Consul-General in consultation. Provided always that in all cases where the defendants or accused are Siamese subjects, the final decision on appeal shall rest with the Siamese authorities; and that in all other cases in which British subjects are parties, the final decision on appeal shall rest with Her Britannic Majesty’s Consul-General. Pending the result of the appeal, the judgment of the Court at Chiengmai shall be suspended on such terms 2 158 and conditions (if any) as shall be agreed upon between the said Judge or Judges and the Consul or Vice-Consul. In such cases of appeal, as above set forth, the appeal must be entered in the Court of Chiengmai within a month of the original verdict, and must be presented at Bangkok within a reasonable time, to be determined by the Court at Chiengmai, failing which the appeal will be thrown out of Court. X. The British authorities in the frontier districts of British Burmah, and the Siamese authorities in Chieng- mai, Lakon, and Lampoonehi, will at all times use their best endeavors to procure and furnish such evidence and witnesses as may be required for the determination of civil and criminal cases pending in the Consular and Siamese Courts at Bangkok and in Chiengmai respec- tively, when the importance of the affair may render it necessary. XI. British subjects desiring to purchase, cut, or girdle timber in the forests of Chiengmai, Lakon, and Lampoonehi must enter into a written agreement for a definite period with the owner of the forest. The agree- ment must be executed in duplicate, each party retain- ing a copy, and each copy must be sealed by the British Consul or Vice-Consul and a Siamese Judge and Com- missioner at Chiengmai, appointed under Article VIII of this Convention, and be countersigned by a competent local authority, and every such agreement shall be duly registered in the British Consulate and in the Siamese Court at Chiengmai. Any British subject cutting or girdling trees in a forest without the consent of the owner 2 159 of the forest obtained as aforesaid, or after the expiration of the agreement relating to it, shall be liable to pay such compensation to the owner of the forest as the Brit- ish Consular officer at Chiengmai shall adjudge. Transfers of agreements shall be subject to the same formalities. The charges for sealing, countersigning, and regis- tration shall be fixed at a moderate scale, and published for general information. XII. The Siamese Judges and Commissioners at Chiengmai appointed under Article VIII shall, in con- junction with the local authorities, endeavor to prevent the owners of forests from executing agreements with more than one party for the same timber or forests, and to prevent any person from illegally marking or effacing the marks on timber which has been lawfully cut or marked by another person, and they shall give such facilities as are in their power to the purchasers and fellers of timber to identify their property. Should the owners of forests hinder the cutting, girdling, or remov- ing the timber under agreements duly executed in ac- cordance with Article XI of this Convention, the Siamese Judges and Commissioners of Chiengmai and the local authorities shall enforce the agreement, and the owners of such forests acting as aforesaid shall be liable to pay such compensation to the persons with whom they have entered into such agreements as the Siamese Judges and Commissioners at Chiengmai shall determine, in accord- ance with Siamese law. XIII. Except as and to the extent specially pro- vided, nothing in this Treaty shall be taken to affect 2 160 the provisions of the Treaty of Friendship and Commerce between Her Majesty and the Kings of Siam of the 18th April, 1855, and the Agreement supplementary thereto of the 13th May, 1856. XIV. This Treaty has been executed in English and Siamese, both versions having the same meaning; but it is hereby agreed that in the event of any question aris- ing as to the construction thereof, the English text shall be accepted as conveying its true meaning and intention. XV. This Treaty shall come into operation imme- diately after the exchange of the ratifications thereof, and shall continue in force for seven years from that date, unless either of the two Contracting Parties shall give notice of their desire that it should terminate before that date. In such case, or in the event of notice not being given before the expiration of the said period of seven years, it shall remain in force until the expiration of one year from the day on which either of the High Contracting Parties shall have given such notice. The High Contracting Parties, however, reserve to them- selves the power of making, by common consent, any modifications in these Articles which experience of their working may show to be desirable. XVI. This Treaty shall be ratified, and the ratifica- tions exchanged at Bangkok as soon as possible. In witness whereof the respective Plenipotentiaries have signed the same in duplicate, and have affixed thereto their respective seals. Done at Bangkok, the 3rd day of September, in the year 1883 of the Christian Era, corresponding to the 2 161 2nd day of the waxing moon of the 10th month of the year of the Goat, 1245 of the Siamese Era. (l. s.) W. H. Newman. ( l. s. ) ( Signatures of the Siamese (l. s.) Plenipotentiaries.) (l. s.) 2 162 France, 1893. Treaty of Peace and Convention between France and Siam. — Signed at Bangkok, October 3, 1893. I. — Treaty. Le President de la Republique Frangaise et Sa Majesty le Roi de Siam, voulant mettre un terme aux contestations survennes dans ces derniers temps entre les deux fitats et consolider les relations d’amitie qui existent depuis des Siecles entre la France et le Siam, out nomine pour leurs Plenipotentiares : — Le President de la Republique Frangais, M. Charles Marie le Myre de Vilers, Grand Officier de la Legion d’Honneur et de l’Elephaut Blanc, Ministre PMnipoten- tiaire de premiere classe, Depute ; et Sa Majeste le Roi de Siam, Son Altesse Royale le Prince Devawongse Taraprakar, Chevalier de l’Ordre de Maha Chakrkri, Grand Officier de la Legion d’Honneur, &e., Ministre des Affaires fitrangeres ; Lesquels, apres s’etre communique leurs pleins pou- voirs et les avoir reconnus en bonne et due forme, sont convenus des Articles suivants: — Art. I. Le Gouvernement Siamois renonce it toute pretention sur l’ensemble des territoires de la rive gauche du Mekong et sur les lies du fleuve. II. Le Gouvernement Siamois s’interdit d’entretenir ou de faire circuler des embarcations on des batiments armes sur les eaux du Grand-Lac, du Mekong, et de leurs affluents situes dans les limites visees it P Article suivant. z 163 III. Le Gouvernement Siamois ne construira aucun poste fortifie ou etablissement militaire dans les provinces de Battambang et de Siem-Reap, et dans an rayon de 25 kilom. sur la rive droite du Mekong. IV. Dans les zones visees par l'Article III la police sera exercee, selon l'usage, par les autorites locales avec les contingents strictement necessaires. II n’y sera entretenu aucune force arruee reguliere ou irreguli&re. V. Le Gouvernement Siamois s'engage a ouvrir, dans un delai de six mois, des negociations avec le Gouverne- ment Frangais en vue du reglement du regime douanier et commercial des territoires vises it l’Article III de la revision du Traite de 1856. Jusqu'a la conclusion de cet accord il ne sera pas etabli de droit de douane dans la zone visee a l’Article III. La reciprocity continuera ti etre accordee par le Gouvernement Frangais aux produits de la dite zone. VI. Le developpement de la navigation du Mekong pouvant rendre necessaires sur la rive droite certains travaux ou l’etablissement de relais de batellerie et de depots de bois et de charbon, le Gouvernement Siamois s’engage a donner, sur la demande du Gouvernement Frangais, toutes les facilites necessaires a cet effet. VII. Les cito^-ens, sujets, ou ressortissants Frangais pourront librement circuler et commercer dans les terri- toires vises ii l’Article III, munis d’une passe delivree par les autorites Frangaises. La reciprocity sera accordee aux habitants des dites zones. 2 164 VIII. Le Gouvernement Frangais se reserve d’etablir des Consuls ou il le jugera convenable dans l’interet de ses ressortissants, et notamment h Ivorat et Muang-Nan. IX. En cas de difficultes d’interpretation, le texte Frangais fera seul foi. X. Le present Traite devra etre ratifie dans un delai de quatre niois a partir du jour de la signature.* En foi de quoi les Plenipotentiaires respectifs sus- nornmes out signe le present Traite en duplicata et y ont appose leur cachets. Fait an Palais de Tallabha, h Bangkok, le 3 Octobre, 1893. (l. s.) Le Myre De Vilers. (l. s.) Devawongse Taraprakar. II. — Convention (Execution of Terms of Treaty of Treaty of Peace). Les Plenipotentiaires out arrete, dans la presente Con- vention, les differentes mesures et les dispositions qu’en- traine l’execution du Traite de Paix signe en ce jour et de l’ultimatum accepte le 5 Aout dernier. Art. I. Les derniers postes militaires Siamois de la rive gauche du Mekong devront etre evacues dans le delai maximum d'un mois a partir du 5 Septembre. II. Toutes les fortifications de la zone visee h P Article III du Traite en date de ce jour devront etre rasees. III. Les auteurs des attentats de Tong Kieng-Kham et de Kammoun seront juges par les autorites Siamoises; *Ratification approved by French law of February 2, 1894. 'i 165 un Representant de la France assistera an jugement et veillera h l’execution des peines prononcees. Le Gouverne- ment Frangais se reserve le droit d’apprecier si les con- damnations sont suffisantes, et, le cas echeant, de reclamer un nouveau jugement devant un Tribunal mixte dont il fixera la composition. IV. Le Gouvernement Siamois devra remettre & la disposition du Ministre de France it Bangkok ou aux autorites Frangaises de la frontiere tous les sujets Frangais, Annamites, Laotiens de la rive gauche, et les Cambodgiens detenus it un titre quelconque; il ne mettra aucun obstacle an retour sur la rive gauche des anciens habitants de cette region. V. Le Bam-Bien de Tong-Kieng-Kham et sa suite seront arnenes par un Delegue du Ministre des Affaires Etrangeres h la Legation de France, ainsi que les armes et le pavilion Frangais saisis par les autorites Siamoises. VI. Le Gouvernement Frangais continuera a occuper Chantaboun jusqu’it l’execution des stipulations de la pre- sents Convention, et notamment jusqu’a complete evacua- tion et pacification tant de la rive gauche que des zones visees h 1’ Article III du present Traite en date de ce jour. En foi de quoi les Plenipotentiaires respectifs out signe la presente Convention et y out oppose leurs cachets. Fait double, Palais de Tallablia, a Bangkok, le 3 Octobre, 1893. (l. s.) De Myre De Vilers. (l. s.) Devawongse Taraprakar. 2 166 Great Britain, 1896. Notes exchanged between Great Britain and Siam, Extending the Operation in Siam of the Treaty of September 3, 1883. — Bangkok, September 29, October 28, 1896. No. 1. — Mr. de Bunsen to Prince Devawongse. Bangkok, September 29, 1896. M. Le Ministere, When the Consular district of Chiengmai was en- larged by the inclusion of Muang Nan and Phre, an ex- change of notes took place between his Excellency Chao Phya Bhanuwongse and Mr. E. Satow, by which it was agreed that the Treaty of September, 1883, relating to Chiengmai, Laklion, and Lampoonehi should be extended to the added territories. The Siamese and British notes were dated respectively the 31st December, 1884, and the 10th January, 1885. The Consular district in question having since been further extended to include the additional provinces named in Mr. Archer’s Commission as Consul, viz., Muang Thon, Raheng, Sawankaloke, Sukotai, Utaradit, and Picliai, I desire to propose by this note that those additional provinces be in the same way held by the Brit- ish and Siamese Governments to fall within the scope of the above-mentioned Treaty of September, 1883, by which, among other matters, it is provided that a speci- ally constituted Siamese Court shall, in the first instance, exercise civil and criminal jurisdiction, under express 2 167 conditions as to Consular intervention, over British sub- jects concerned in civil or criminal cases. If your Royal Highness will inform me, by an official note in reply to this one, that you concur with the above proposal, and that the necessary instructions to give ef- fect to it will be duly issued to the proper authorities, I will inform Her Majesty’s Government that the arrange- ment has been concluded between us. I avail, etc., M. de Bunsen. Prince Devawongse. No. 2 — Prince Devawongse to Mr. de Bunsen. Bangkok, October 28, 1896. M. LE ClIARGfi D’AFFAIRES, By your note dated the 29th September last, you pro- pounded to His Majesty’s Government a proposal to the effect that the Provinces of Thon, Ralieng, Sawankaloke, Sukotai, Utaradit, and Picliai, should be held by the British and Siamese Governments to fall within the scope of the Treaty of September, 1883, in the same way as, in 1885, the Provinces of Nan and Phre were held to be under the provisions of that Treaty, by which for one thing it is provided that a specially constituted Siamese Court shall, in the first instance, exercise civil and criminal jurisdiction, under express conditions as to Con- sular intervention, over British subjects concerned in civil or criminal cases. I now take great pleasure in officially informing you that His Majesty’s Government entirely concur with the 2 168 proposal set forth by you in the said note, and that the necessary instructions for effecting it will be duly issued to the authorities concerned at an early date. Accept, etc., Devawongse, Minister for Foreign Affairs. M. de Bunsen, Esq. Annex. Mr. Satow to Chao Phya Bhanuwongse. Bangkok, December 31, 1884. M. Le Ministre, I have the honour to acquaint your Excellency that Her Majesty's Government having been acquainted with the desire of His Majesty the King of Siam that the stipu- lations of the Treaty of the 3rd September, 1883, relating to the territories of Chiengmai, Lakhon, and Lampoonehi, by which among other matters it is provided that the Siamese Courts shall, in the first instance, exercise civil and criminal jurisdiction over British subjects in all cases arising in those territories, should be extended to the ter- ritories of Muang Kan and Phre, have instructed me to express to the Government of His Majesty the King their concurrence in this arrangement. The words Chiengmai, Lakhon, and Lampoonehi, in the Treaty of 1883, being thus taken to include the terri- tories of Muang Nan and Phre, it would appear that a similar extension of meaning should be given to those words as occurring in Mr. Gould’s Commission. 2 169 If your Excellency concurs with this view, I have the honour to request that the necessary instructions may be given to the proper authorities. I avail, etc. E. M. Satow. Chao Phya Bhanijwongse. Chao Phya Bhanijwongse to Mr. Satow. Bangkok, January 10, 1885. Sir, I beg to acknowledge the receipt of your note of the 31st ultimo, informing me that Her Britannic Majesty’s Government have concurred in the arrangement that the States of Nan and Phre should be included in the mean- ing of the words Chiengmai, Lakhon, and Lampoonchi, in the Treaty of 1883, and you propose that a similar extension of meaning should be given to those words as occurring in the Commission of the Vice-Consul appointed according to that Treaty. In reply, I have the honour to state that His Siamese Majesty’s Government entirely concur in your proposal, and the necessary instructions to give effect to the arrangement in view shall accordingly be duly issued to the proper authorities. I have further the honour to request that the words Muang Nan and Phre should be inserted in the Commis- sion of any Vice-Consul that may hereafter be appointed, in order that His Majesty’s exequatur may be issued in accordance with the usual practice. I take, etc. Chao Phya Bhanuwongse E. M. Satow, Esq. 2 170 Japan, 1898. Treaty of Friendship, Commerce, and Navigation between Japan and Siam. — Signed at Bangkok, Feb- ruary 25, 1898. (Ratifications exchanged at Bangkok, May 31, 1898.) “His Majesty the Emperor of Japan, and His Majesty the King of Siam, being equally animated by a desire to promote the relations of friendship, commerce, and navi- gation which happily exist between their respective States and subjects, have resolved to conclude a Treaty for that purpose, and have named as their Plenipotentiaries, that is to say : His Majesty the Emperor of Japan, Inagaki Manjiro, Shogoi, His Majesty's Minister-Resident at the Court of His Majesty the King of Siam; and His Majesty the King of Siam, His Royal Highness Prince Krom Luang Devawongse Varoprakar, Knight of the Order of Chakrakri, First Class of the Order of Ris- ing Sun, &c., Minister for Foreign Affairs of His Majesty the King of Siam ; Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon and concluded the following Articles : — Art. I. There shall be constant peace and perpetual friendship between Japan and Siam, and the subjects of each of the High Contracting Parties shall enjoy in the dominions and possessions of the other full and entire pro- tection for their persons and property, according to estab- lished law of the country. 2 171 II. It shall be free to each of the Contracting Parties to appoint Consuls-General, Consuls, Vice-Consuls, and Consular Agents, to reside in the towns and ports of the dominions and possessions of the other, where similar officers of other Powers are permitted to reside. Such Consuls-General, Consuls, Vice-Consuls, and Consular Agents, however, shall not enter upon their functions until after they shall have been approved and admitted in the usual form by the Government to which they are sent. They shall enjoy all the honours, privileges, exemptions, and immunities of every kind which are or may be granted to Consuls of the most favoured nation. III. The subjects of each of the High Contracting Par- ties may enter, remain, and reside in any part of the dominions and possessions of the other, where the subjects and citizens of the nation most favoured in those respects are permitted to enter, remain, and reside. They may there hire and occupy houses, manufactories, shops, and warehouses, and they may there engage in trade by whole- sale and retail in all kinds of produce, manufactures, and merchandize, paying no other or higher taxes, imposts, charges, or exactions of any kind than are now or may hereafter be paid by the subjects or citizens of the most favoured nation. In all that relates to travel, trade, and residence, to the acquisition, possession, and disposal of property of all kinds, and to the right to engage in all kinds of busi- ness, occupation, and enterprise, the subjects of each of the Contracting Parties in the dominions and posses- sions of the other shall at all times enjoy the treatment 2 172 accorded to the subjects or citizens of the most favoured nation. IV. There shall be reciprocally full and entire free- dom of commerce and navigation between the dominions and possessions of the two High Contracting Parties. The subjects of each of the Contracting Parties shall have liberty freely and securely to come and go with their ships and cargoes to and from all places, ports, and rivers in the dominions and possessions of the other which are now or may hereafter be opened to foreign commerce and navi- gation. V. The subjects of each of the High Contracting Par- ties shall enjoy in the dominions and possessions of the other a perfect equality of treatment with the subjects or citizens of the most favoured nation in all that relates to transit duties, warehousing, bounties, facilities, the ex- amination and appraisement of merchandize and draw- backs. VI. No other or higher duties shall be imposed on the importation into the dominions and possessions of His Majesty the King of Siam of any article the produce or manufacture of the dominions and possessions of His Majesty the Emperor of Japan, from whatever place ar- riving, and no other or higher duties shall be imposed on the importation into the dominions and possessions of His Majesty the Emperor of Japan of any article the pro- duce or manufacture of the dominions and possessions of His Majesty the King of Siam, from whatever place ar- riving, than on the like article produced or manufactured in any other foreign country; nor shall any prohibition 2 173 be maintained or imposed on the importation of any arti- cle the produce or manufacture of the dominions and pos- sessions of either of the High Contracting Parties into the dominions and possessions of the other, from what- ever place arriving, which shall not equally extend to the importation of the like article being the produce or manu- facture of any other country. This last provision is not applicable to the sanitary and other prohibitions occa- sioned by the necessity of protecting the safety of persons, or of cattle, or of plants useful to agriculture. VII. No other or higher duties, taxes, or charges of any kind shall be imposed in the dominions and possessions of either of the High Contracting Parties in respect of any article exported to the dominions and possessions of the other than such as are or may be payable in respect of the like article exported to any other foreign country ; nor shall any prohibition be imposed on the exportation of any article from the dominions and possessions of either of the two Contracting Parties to the dominions and pos- sessions of the other which shall not equally extend to the exportation of the like article to any other country. VIII. All articles which are or may be legally im- ported into the ports of the dominions and possessions of His Majesty the Emperor of Japan in Japanese vessels or vessels of the most favoured nation may likewise be im- ported into those ports in Siamese vessels without being liable to any other or higher duties or charges of whatever denomination than if such articles were imported in Japanese vessels or vessels of the most favoured nation ; and reciprocally all articles which are or may be legally imported into the ports of the dominions and possessions 2 174 of His Majesty the King of Siam in Siamese vessels or in vessels of the most favoured nation may likewise be im- ported into those ports in Japanese vessels without being liable to any other or higher duties or charges of what- ever denomination than if such articles were imported in Siamese vessels or vessels of the most favoured nation. Such reciprocal equality of treatment shall take effect without distinction, whether such articles come directly from the place of origin or from any other place. In the same manner there shall be perfect equality of treatment in regard to exportation, so that the same in- ternal and export duties shall be paid, and the same boun- ties and drawbacks allowed, in the dominions and pos- sessions of either of the High Contracting Parties on the exportation of any article which is or may be legally exported therefrom, whether such exportation shall take place in Japanese or Siamese vessels or in vessels of a third Power, and whatever may be the place of destina- tion, whether a port of either of the Contracting Parties or of any third Power. IX. Xo other or higher duties or charges on account of tonnage, light, or harbour dues, pilotage, quarantine, sal- vage, in case of damage or shipwreck, or any other local charges shall be imposed in any ports of Japan on Si- amese vessels, nor in any of the ports of Siam on Ja- panese vessels than are now or may hereafter be payable in like case in the same ports on national vessels in gen- eral or vessels of the most favoured nation. Such equality of treatment shall apply reciprocally to the respective vessels, from whatever port or place they may arrive, and whatever may be their place of destination. 2 175 X. In all that concerns the entering, clearing, station- ing, loading, and unloading of vessels in the ports, basins, docks, roadsteads, harbours, or rivers of the dominions and possessions of the two countries no privilege shall be granted by one country to national vessels or vessels of any third Power which shall not be equally granted in similar cases to vessels of the other country. XI. Any ship of war or merchant-vessel of either of the High Contracting Parties which may be compelled, by stress of weather or by reason of any other distress, to take shelter in a port of the other shall be at liberty to refit therein, to procure all necessary supplies, and to put to sea again without paying any duties other than such as would be payable by national vessels. In case, however, the master of a merchant-vessel should be under the neces- sity of disposing of a part of his cargo in order to defray the expenses, he shall be bound to conform to the regula- tions and tariffs of the place to which he may have come. If any ship of war or merchant-vessel of one of the Contracting Parties should run aground or be wrecked upon the coasts of the other, such ship or vessel, and all parts thereof, and all furnitures and appurtenances be- longing thereunto, and all goods and merchandize saved therefrom, including those which may have been cast into the sea, or the proceeds thereof, if sold, as well as all papers found on board such stranded or wrecked ship or vessel, shall be given up to the owners, master, or their agents when claimed by them. If such owners, master, or agents are not on the spot, the same shall be delivered to the respective Consuls-General, Consuls, Vice-Consuls, or Consular Agents upon being claimed by them within the 2 176 period fixed by the laws of the country, and sneh Con- sular officers, owners, master, or agents shall pay only the expenses incurred in the preservation of the property, together with the salvage or other expenses which would have been payable in the case of a wreck of a national vessel. The goods and merchandize saved from the wreck shall be exempt from all the duties of the Customs unless cleared for consumption, in which case they shall pay the ordinary duties. In the case of a ship or vessel belonging to the sub- jects of either of the Contracting Parties being driven in by stress of weather, run aground, or wrecked in the dominions and possessions of the other, the respective Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall, if the owner or master, or other agent of the owner, is not present, or is present, but requires it, be authorized to interpose in order to afford the necessary assistance to the subjects of the respective States. XII. The vessels of war of each of the High Contract- ing Parties may enter, remain, and make repairs in those ports and places of the other to which the vessels of war of the most favoured nation are accorded access ; they shall there submit to the same regulations and enjoy the same honours, advantages, privileges, and exemptions as are now or may hereafter be conceded to vessels of war of the most favoured nation. XIII. The High Contracting Parties agree that, in all that concerns commerce, industry, and navigation, any privilege, favour, or immunity which either Contracting 177 Party has actually granted or may hereafter grant to the Government, subjects, citizens, ships, or merchandize of any other State shall he extended immediately and uncon- ditionally to the Government, subjects, ships, or mer- chandize of the other Contracting Party, it being their intention that the trade, industry, and navigation of each country shall be placed in all respects by the other on the footing of the most favoured nation. XIY. The present Treaty shall come into force im- mediately after the exchange of ratifications, and shall remain in force for ten years, and thereafter until the expiration of a year from the day on which one or the other of the Contracting Parties shall have repudiated it. XV. The present Treaty is signed in duplicate in the Japanese, Siamese, and English languages, and in case there should be found any discrepancy between the Japanese and Siamese texts, such discrepancy shall be decided in conformity with the English text. XVI. The present Treaty shall be ratified, and the ratifications thereof shall be exchanged at Bangkok as soon as possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms. Done at Bangkok, in sextuplieate, this 25tli day of the second month of the 31st year of Meiji, corresponding to the 25th day of February of the 116th year of Ratana- kosindr Sok, and the 1898th year of the Christian era. (L. S.) INAGAKI MANJIRO. ( l. s. ) Devawongse Varoprakar. 2 178 Protocol. At the moment of proceeding this day to the signature of the Treaty of Friendship, Commerce, and Navigation between Japan and Siam the Plenipotentiaries of the two High Contracting Parties have declared as follows : — 1. The Siamese Government consent that Japanese Consular officers shall exercise jurisdiction over Japanese subjects in Siam until the judicial reforms of Siam shall have been completed, that is, until a Criminal Code, a Code of Criminal Procedure, a Civil Code (with exception of Law of Marriage and Succession), a Code of Civil Procedure, and a Law of Constitution of the Courts of Justice will come into force. 2. The Japanese Government accept as binding upon Japanese subjects and vessels resorting to Siam the Trade Regulations and Customs Tariffs now in force in Siam in respect of the subjects, citizens, and vessels of the other Powers having Treaties with Siam. Such Regulations and Tariffs shall be subject to revis- ion at any time upon twelve months' previous notice, on demand of either Japan or Siam. All fines and penalties imposed for infractions of the said Regulations, or of the Treaty signed this day, shall be paid to the Siamese Government. 3. Any controversies which may arise respecting the interpretation or the execution of the Treaty signed this day, or the consequences of any violation thereof, shall be submitted, when the means of settling them directly by amicable agreement are exhausted, to the decision of Commissions of Arbitration, and that the result of such arbitration shall be binding upon both Governments. 2 179 The members of such Commissions shall be selected by the two Governments by common consent, failing which each of the Parties shall nominate an Arbitrator or an equal number of Arbitrators, and the Arbitrators thus appointed shall select an Umpire. The procedure of the arbitration shall in each case be determined by the Contracting Parties, failing which the Commission of Arbitration shall be itself entitled to determine it beforehand. The undersigned Plenipotentiaries have agreed that this Protocol shall be submitted to the High Contracting Parties at the same time as the Treaty, and that when the Treaty is ratified, the agreements contained in this Protocol shall also equally be considered as approved, without the necessity of a further formal ratification. In witness whereof the respective Plenipotentiaries have signed the present Protocol, and have affixed thereto their seals. Done in Bangkok, in sextuplicate, this 25th day of the second month of the 31st year of Meiji, corresponding to the 25th day of February of the 116th year of Ratana- kosindr Sole, and the 1898th year of the Christian era. (L. S.) INAGAKI MANJIRO. (l. s.) Devawongse Varoprakar. 2 180 Russia, 1899. Declaration between Russia and Siam relative to Commerce and Navigation, &c. — Signed at Bangkok, June 11/23, 1899. Le Gouvernement Royal du Siam et le Gouvernement Imperial de Russie, desirant faciliter les relations entre les deux pays, sont convenus d’un commun accord jusqu’& la conclusion d'un Traite d'Amitie et de Commerce, de ce qui suit : — Que pour tout ce qui a rapport t\ la juridiction, au commerce, et h la navigation les sujets Siamois sur le territoire de la Russie et les sujets Russes sur le territoire du Siam jouiront dorenavant, jusqu’a l’expiration du present Arrangement, de tous les droits et privileges accordes aux sujets des autres nations, respectivement au Siam ou en Russie, par les Traites actuellement en vigueur, ainsi que par les Traites qui pourront etre con- tracts dans l’avenir. Cet Arrangement sera applique des deux cotes it partir du jour de la signature jusqu’it l’expiration de six mois depuis le jour oil l’une ou l’autre des Ilautes Parties Contractantes l’aura d6nonc6. La presente Declaration ay ant ete redigee en Siamois, Russe, et Fran^ais, et les trois versions ayant la ineme portae et le meme sens, le texte Fran^ais sera officiel et fera foi sous tous les rapports. En foi de quoi les Soussignes, dument autorises a cet effet, ont dresse la presente Declaration, qu’ils ont munie de leurs signatures et du cachet de leurs armes. 2 181 Fait k Bangkok, le 23 Juin, 118 de l’ere Siamois, Equivalent au 11 Juin de 1'annEe 1899 du calendrier Russe. (l. s.) Devawongse Varoprakae. (l. s.) A. E. Olaroysky. 2 182 France, 1904. Convention between France and Siam modifying the Stipulations of the Treaty of the 3rd October, 1893, regarding Territorial Boundaries and other Arrangements. — Signed at Paris, February 13, 1904. (Ratifications exchanged at Paris, December 9, 1904.) Le President de la Republique Frangaise et Sa Majesty le Roi de Siam, desireux de rendre plus etroites et plus confiantes les relations d'amitie qui existent entre leurs deux pays et de regie r certaines difficultes qui s’etaient elevees sur Pinterpretation du Traite et de la Convention du 3 Octobre, 1893, ont decide de conclure une nouvelle Convention et ont nomine h cet effet pour leurs Plenipo- tentiaires, savoir : Le President de la Republique Frangaise, M. Theophile Delcasse, Depute, Ministre des Affaires Etrangeres, &c. ; et Sa Majeste le Roi de Siam, Pliya Suriya Nuvatr, son Envoye Extraordinaire et Ministre Plenipotentiaire pres le President de la Republique Frangaise, decore de la premiere classe de l’Ordre Royal de la Couronne de Siam, Grand Officier de l'Ordre National de la Legion d’Hon- neur, &c. ; Lesquels, apr£s s’etre communique leurs pleins pouvoirs, trouves en bonne et due forme, sont convenus des dispositions suivantes: — 2 183 Art. I. La frontiere entre le Siam et le Cambodge part, sur la rive gauche du Grand-Lac, de Pembouchure de la Riviere Stung-Roluos ; elle suit le parallele de ce point dans la direction de Test jusqu’a la rencontre de la Riviere Prdk-Kompong-Tiam, puis, remontant vers le nord, elle se confond avec le meridien de ce point de rencontre jusqu’a la chaine de montagnes Pnom-Dang-Rek. De lh elle suit la ligne de partage des eaux entre les bassins du Nam-Sen et du Mekong, d’une part, et du Nam-Moun d’autre part, et rejoint la chaine Pnom- Padang dont elle suit la Crete vers Test jusqu’au Mekong. En amont de ce point le Mekong reste la frontiere du Royaume de Siam, conformement h l'Article I du Traite du 3 Octobre, 1893. II. Quant a la frontiere entre le Luang-Prabang, rive droite, et les provinces de Muang-Phichai et Muang-Nan, elle part du Mekong h son confluent avec Nam-Huong et, suivant le thalweg de cette riviere jusqu’h son con- fluent avec le Nam-Tang, remontant ensuite le cours du dit Nam-Tang, elle atteint la ligne de partage des eaux entre les bassins du Mekong et celui de la Menam en un point situe prbs de Pou-Dene-Dine. A partir de ce point elle remonte vers le nord, suivant la ligne de faite entre les deux bassins jusqu’aux sources de la Riviere Nam- Kop, dont elle suit le cours jusqu’h sa rencontre avec le Mekong. III. II sera procede a la delimitation des frontieres entre le Royaume de Siam et les territoires formant l’lndo-Chine Frangaise. Cette delimitation sera effectu6e par des Commissions Mixtes composdes d’officiers nommfe 2 184 par les deux pays eontraetants. Le travail portera sur la frontiere determinee par les Articles I et II, ainsi que sur la region comprise entre le Grand-Lac et la mer. En vue de faciliter les travaux des Commissions et en vue d’eviter toute possibility de difficulty dans la delimita- tion de la region comprise entre le Grand-Lac et la mer, les deux Gouvernements se mettront d'accord, avant la nomination des Commissions Mixtes, pour fixer les points principaux de la delimitation dans cette region, notam- ment le point ou la frontiere atteindra la mer. Les Commissions Mixtes seront nominees et com- menceront leurs travaux dans les quatre mois aprds la ratification de la prdsente Convention. IV. Le Gouvernement Siamois renonce it toute prerogative de suzerainete sur les territoires du Luang- Prabang situes sur la rive droite du Mekong. Les bateaux de commerce et les trains de bois apparte- nant it des Siamois auront le droit de naviguer librement sur la partie du Mekong traversant le territoire du Luang- Prabang. V. Aussitot que l’accord prevu par l'Article III, para- grapbe 2, et relatif it la delimitation de la frontiere entre le Grand-Lac et la mer, aura ete etabli, et aussitot qu'il sera officiellement notifie aux autorites Frangaises que les territoires' resultant de cet accord et les territoires sitims it Test de la frontiere, telle qu’elle est indiquee aux Articles I et II du present Traite, se trouvent it leur disposition, les troupes Frangaises qui occupeut pro- visoirement Chantaboun, en vertu de la Convention du 3 Octobre, 1893, quitteront cette ville. 2 185 VI. Les dispositions de 1’ Article IV du Traits du 3 Octobre, 1893, seront remplacees par celles qni suivent: Sa Majeste le Roi de Siam prend l’engagement que les troupes qu’elle enverra on entretiendra dans tout le bassin Siamois du Mekong seront toujours des troupes de nationality Siamoise, commandees par des officiers de cette nationality. II n’est fait exception a cette regie qu’en faveur de la gendarmerie Siamoise, actuellement commandee par des officiers Danois. Dans le cas ou le Gouvernement Siamois voudrait substituer a ces officiers des officiers etrangers appartenant it une autre nationality, il devrait s'entendre au prealable avec le Gouvernement Fran§ais. En ce qui concerne les provinces de Siem-Reap, de Battambang, et de Sisophon, le Gouvernement Siamois s’engage it n'y entretenir que les contingents de police nycessaires pour le maintien de l’ordre. Ces contingents seront recrutes exclusivement sur place parmi les in- digynes. VII. A l’avenir, dans la partie Siamoise du bassin du Mykong, le Gouvernement Royal, s’il desire executer des ports, canaux, chemins de fer (notamment des chemins de fer destines it relier la capitale ii un point queleonque de ce bassin), se mettra d’accord avec le Gouvernement Fran^ais, dans le cas ou ces travaux ne pourraient etre executes exclusivement par un personnel et avec des capitaux Siamois. II en serait naturellement de meine pour l'exploitation des dites entreprises. En ce qui concerne l’usage des ports, canaux, chemins de fer, aussi bien dans la partie Siamoise du bassin du Mekong que dans le reste du Royaume, il est entendu 2 186 qu'aucun droit differentiel ne pourra etre etabli con- trairement au principe de Legality commerciale inscrite dans les Traites signes par le Siam. VIII. En execution de l’Article V3J du Traite du 3 Octobre, 1893, des terrains d’une superficie h determiner seront concedes par le Gouvernement Siamois au Gouv- ernement de la Kepublique aux points suivants situes sur la rive droite du Mekong: Zieng-Khan, Non-Khay, Muong-Sauiabouri, enbou- chure du Nam-Khan (rive droite ou rive gauche), Bang- Mouk-Dahan, Kemmarat et embouchure du Nam-Moun (rive droite ou rive gauche). Les deux Gouvernements s’entendront pour degager le cours du Nam-Moun, entre son confluent avec le Mekong et Pimoun, des obstacles qui genent la naviga- tion. Dans le cas ou ces travaux seraient reconnus inexecutables ou trop couteux, les deux Gouvernements se concerteraient pour l’etablissement d’une voie terrestre de communication entre Pimoun et le Mekong. Ils s’eutendront egalement pour etablir entre Bassac et la frontiere du Luang-Prabang, telle qu’elle resulte de l’Article II du present Traite, les lignes ferrees qui seraient reeonnues necessaires pour suppleer au defaut de navigability du Mekong. IX. Des h present il est eonvenu que les deux Gouv- ernements faciliteront 1’etablissement d’une voie ferine reliant Pnom-Penh h Battambang. La construction et l’exploitation seront faites soit par les Gouvernements eux-memes, chacun d’eux se cliargeant de la partie qui est sur son territoire, soit par une compagnie Franeo- Siamoise agreee par les deux Gouvernements. 2 187 Les deux Gouvernements sont d'accord sur la necessity de faire des travaux pour ameliorer le cours de la riviere de Battambang entre le Grand-Lac et cette ville. A cet effet le Gouvernement Frangais est pret a mettre h la disposition du Gouvernement Siamois les agents tech- niques celui-ci pourrait avoir besoin taut en vue de l’execution que de l'entretien des dits travaux. X. Le Gouvernement de Sa Majeste Siamoise accepte les listes des proteges Frangais telles qu'elles existent actuellement, a l'exception des individus dont il serait reconnu, de part et d'autre, que Finscription a ete indu- ment obtenue. Copie de ces listes sera communiquee aux autorites Siamoises par les autorites Frangaises. Les descendants des proteges ainsi maintenus sous la juridietion Frangaise n'auront plus le droit de reclamer leur inscription, s'ils ne rentrent pas dans la categorie des personnes visees a FArticle suivant de la presente Convention. XI. Les personnes d'origine Asiatique nees sur un territoire soumis a la domination directe ou place sous le Protectorat de la France, sauf celles qui ont lixe leur residence au Siam avant Fepoque ou le territoire dont elles sont originaires a ete place sous cette domination ou sous ce Protectorat, auront droit h la protection Frangaise. La protection Frangaise sera accordee aux enfants de ces personnes, mais ne s’etendra pas a leurs petits- enfants. XII. En ce qui concerne la juridietion a laquelle seront desormais soumis, sans aucune exception, tous 2 188 les Frangais et proteges Frangais au Siam, les deux Gouvernements conviennent de substituer aux disposi- tions existantes les dispositions suivantes : — 1. En matiere penale, les Frangais ou proteges Fran- gais ne seront justiciables que de l’autorite judiciaire Frangaise ; 2. En matiere civile, tout proces intente par un Siamois contre un Frangais ou protege Frangais sera port£ devant le Tribunal Consulaire Frangais. Tout proces dans lequel le defendeur sera Siamois sera porte devant la Cour Siamoise des causes etrangeres institute ii Bangkok. Par exception, dans les provinces de Xieng-Mai, Lakhon, Lampoun, et Nan, tous les proems civils et criminels interessant les ressortissants Frangais seront portes devant la Cour Internationale Siamoise. Mais il est entendu que, dans tous ces proces, le Consul de France aura le droit d'assister aux audiences ou de s’y faire representer par un Delegue dument autorise et de formuler toutes observations qui lui sem- bleront convenables dans l’interet de la justice. Au cas oil le defendeur serait Frangais ou protege Frangais, le Consul de France pourra, ^ tout moment au cours de la procedure, s'il le juge opportun et moyennant une requisition ecrite, evoquer l'atfaire en cause. Celle-ci sera alors transferee au Tribunal Consulaire Frangais, qui sera, a partir de ee moment, seul competent, et auquel les autorites Siamoises seront tenues de preter le concours de leurs bons offices. Les appels des jugements rendus tant par la Cour des Causes Etrangeres que par la Cour Internationale, 2 189 pour les quatre provinces susmentionnees, seront portes devant la Cour d’Appel de Bangkok. XIII. En ce qui concerne, pour l’avenir, l’admission a la protection Franyaise des Asiatiques qui ne sont pas nes sur un territoire soumis a l’autorite directe on au Protectorat de la France, 011 qui ne se trouvent pas legalement naturalises, le Gouvernement de la Republique jouira de droits egaux k ceux que le Siam accorderait a toute autre Puissance. XIV. Les dispositions des anciens Trait6s, Accords, et Conventions entre la France et le Siam, non modifiees par la presente Convention, restent en pleine vigueur. XV. En cas de difficultes d'interpretation de la pr£sente Convention, redigee en Franyais et en Siamois, le texte Franyais fera seul foi. XVI. La presente Convention sera ratifi£e dans un delai de quatre mois k partir du jour de la signature, ou plus tot si faire se peut. En foi de quoi les Plenipotentiaires respectifs ont sign^ la presente Convention et y ont appose leurs cachets. Fait k Paris, en double exemplaire, le 13 Fevrier, 1904. (L. S.) DELCASSfi. (L. s.) Phya Suriya. 2 190 Denmark, 1905. Convention between Denmark and Siam concerning the Registration of and Jurisdiction over Danish Subjects in Siam. — Signed at Bangkok, March 24, 1905. (Ratifications exchanged at Bangkok, May 18, 1905.) His Majesty Somdetch Phra Paramindr Maha Chula- longkorn, King of Siam and all its dependencies, Laos Chiang, Laos Kao, Malays, Kareans, &c. ; and His Majesty Christian IX, King of Denmark, of the Vandals and Goths, Duke of Schleswig-Holstein, Stor- marn, the Ditmarshes, Lauenburg and Oldenburg; Desiring to facilitate and extend the relations of friendship and good understanding between their re- spective countries, have resolved to conclude a Conven- tion concerning the registration of and jurisdiction over Danish subjects in Siam, and have to that end appointed the following Plenipotentiaries : His Majesty the King of Siam : His Royal Highness Prince Devawongse Varoprakar, Minister for Foreign Affairs; and His Majesty the King of Denmark: A. E. Olarovsky, Esquire, Minister Resident of His Majesty the Emperor of Russia, charged with Danish interests in Siam, Com- mander of the Royal Danish Order of Danebrog; Who, after having communicated to each other their respective full powers and found them to be in good and due form, have agreed upon and concluded the following Articles : — 2 191 Art. I. The registration of Danish subjects residing in Siam shall comprise all persons residing in Siam upon whom the Danish laws confer Danish nationality, and no other persons shall be entitled to any protection from the Danish Government. II. The lists registration (sic) shall be open to the inspection of the Siamese Government on proper notice being given. III. If any question arises as to the right of any per- son to be registered at the Danish Consulate or as to the validity of a certificate of registration issued by that Consulate, a joint inquiry shall be held by the Consul for Denmark and a duly authorized representative of the Siamese Government, who will settle the question, giving due regard to the evidence to be produced in behalf of the validity of the certificate or of the right of the person to be registered. If the representative of the Siamese Government and the Consul for Denmark cannot agree, they shall be enti- tled to submit the evidence in the case to a third person to be agreed upon by them both, whose decision shall be final. IV. Should any action, civil or criminal, be pending while such inquiry is going on which by its nature can- not be deferred until the result of the inquiry is known, the question of the Court in which such action shall be heard shall be determined conjointly by the Danish Consul and the representative of the Siamese Govern- ment. 2 192 V. If the person in respect of whom the inquiry is held comes within the conditions for registration laid down in Article I of this Agreement, he may, if not yet registered, forthwith be registered as a Danish subject and provided with a certificate of registration at the Danish Consulate: otherwise he will be recognized as falling under Siamese jurisdiction and if already on the lists of the Danish Consulate his name shall be erased therefrom. VI. With regard to the jurisdiction to which in the future without any exception all Danish subjects in Siam will be subjected, the two Governments agree: (а) — 1. In criminal matters if the offender be a Danish subject, he shall be tried and punished by the Danish Consular officer. 2. In civil matters all actions bi’ought by a Siamese against a Danish subject shall be heard before the Danish Consular Court. If the defendant is a Siamese, the action shall be heard by the Siamese Court for Foreign Causes. (б) — 1. But all civil or criminal cases arising in the Provinces of Chiengmai, Lakhon, Lampoon, Pray, and Nan, brought or instituted either by the Siamese Govern- ment or by Siamese or Foreign subjects, in which a Danish subject may be a defendant, and likewise all civil and criminal cases in which a Danish subject may be the plaintiff or complainant, the defendant being a person under Siamese jurisdiction, shall be heard before the Siamese International Court. 2 193 2. In any of the cases mentioned in the last preceding paragraph, the Danish Consul shall have the right to be present at the trial or to be represented there by a duly authorized delegate, and to make any observations which he may deem proper in the interest of justice. 3. In cases where the defendant is a Danish subject, the Danish Consul may, at any stage of the proceedings, if he thinks proper, by means of a written requisition evoke the case before him. Such case shall be transferred to the Danish Consular Court, which shall from that time alone be competent to try the case, and to which the Siamese authorities shall be bound to give their assistance. 4. In all criminal cases where the law allows bail, the accused shall be admitted to bail instead of being imprisoned. VII. Appeals from the judgments rendered by the Court for Foreign Causes, as well as b} r the International Court established in the Provinces of Chiengmai, Lakon, Lampoon, Pray, and Nan, shall be brought before the Court of Appeal of Bangkok. VIII. All enactments in former Treaties, Agreements, or Conventions between Denmark and Siam that are not modified by the present Convention remain in full force. IX. The present Convention shall be ratified and the ratifications shall be exchanged within six months from date of its signature. In witness whereof the respective Plenipotentiaries have signed the present Convention and have affixed thereto their seals. 2 194 Done at Bangkok in two copies in English as the language of communication between the High Contracting Parties on this the 24th day of March, in the year 1905 of the Christian era. (l. s.) Devawongse Vaeoprakar. (l. s.) A. E. Olarovsky. 2 195 Italy, 1905. Supplementary Convention between Italy and Siam modifying Articles VIII and IX of the Treaty of Friendship, Commerce, and Navigation of October 3, 18G8. — Signed at Paris, April 8, 1905. (Ratifications exchanged at Paris, October 7, 1905.) His Majesty the King of Siam and His Majesty the King of Italy, being convinced of the expediency of modi- fying Articles VIII and IX of the Treaty of Friendship, Commerce and Navigation of the 3rd October, 1868, between Siam and Italy, have resolved to conclude for this purpose, a supplementary Convention, and have appointed as their Plenipotentiaries : His Majesty the King of Siam : Pliya Suriya Nuvatr, his Envoy Extraordinary and Minister Plenipotentiary at Rome, Grand Cross of the Most Honourable Order of the Crown of Siam, Grand Cross of the Crown of Italy, &c. ; His Majesty the King of Italy : his Excellency Count Giuseppe Tornielli Brusati di Vergano, Knight of the Supreme Order of the Santissima Annunziata, &c., Am- bassador of His Majesty the King of Italy in France ; Who, after having communicated to each other their respective full powers, and found them to be in good and due form, have agreed on the following provisions : — Art. I. The registration according to Article VIII of the Treaty of the 3rd October, 1868, of Italian sub- jects residing in Siam, shall comprise all persons resid- 2 196 ing in Siam upon whom the Italian Civil Code con- fers Italian nationality, and the subjects of Italian dependencies, and no other persons shall be entitled to any protection from the Italian Government. II. The lists of such registration shall be communi- cated, once every year, to the Siamese Government by the Italian Legation. III. With regard to the jurisdiction to which in the future without any exception all Italian subjects in Siam will be subjected, the two Governments agree : 1. In criminal matters, if the offender be an Italian subject, he shall be tried and punished by the Italian Judicial Consular Officer; 2. In civil matters, all actions brought by a Siamese against an Italian subject shall be heard before the Italian Judicial Consular Officer. If the defendant is a Siamese, the action shall be heard by the Siamese Court for Foreign Causes; 3. But in the provinces of Chiengmai, Lakhon, Lam- poon and Nan, all civil or criminal cases to which an Italian subject may be a party, shall be heard before the Siamese International Court. In any of the cases mentioned in paragraph 3 of this Article, the Italian Judicial Consular Officer shall have the right to be present at the trial or to be represented there by a duly authorized delegate and to make any observations which he may deem proper in the interest of justice. In cases where the defendant is an Italian subject, the Italian Judicial Consular Officer may, at any stage in 2 197 the proceedings, if he thinks proper, by means of a written requisition evoke the case before him. Such a case shall then be transferred to the Italian Judicial Consular Officer, who shall from that time for- ward alone be competent to try the case, and to whom the Siamese authorities shall be bound to give their assistance. Appeals from the judgments rendered by the Court for Foreign Causes, as well as by the International Court established in the four provinces above mentioned, shall be brought before the Court of Appeal in Bangkok. IV. The present Convention is made in the English, Italian and Siamese languages, and it is agreed that the English text shall be accepted by both the High Contract- ing Parties as the true interpretation of the meaning of this Convention. V. The present Convention shall be ratified within the period of six months beginning from the date of the signature, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the present Convention and have affixed their seals. Done at Paris, in duplicate, the 8th day of April, 1905. (l. s.) Phya Suriya (l. s. ) G. Tornielli. 2 198 France, 1907. Treaty between France and Siam regulating ques- tions CONNECTED WITH THE FRONTIERS OF INDO-CHINA and Siam, Jurisdiction and the position of French Asiatic subjects. — Signed at Bangkok, March 23, 1907. (Ratifications exchanged at Paris, June 21, 1907.) Le President de la Republique Francaise et Sa Majeste le Roi de Siam h la suite des operations de delimitation entreprises en execution de la Convention du 13 Fevrier, 1904,* desireux d'une part d'assurer le reglement final de toutes les questions relatives aux frontieres communes de rindo-Cliine et du Siam, par un systeme reciproque et rationnel d’echanges, desireux d’autre part de faciliter les relations entre les deux pays par l’introduction progress- ive d’un systeme uniforme de juridietion et par Pextension des droits des ressortissants Frangais etablis au Siam, ont decide de conclure un nouveau Traite, et ont nomine h cet effet pour leurs Plenipotentiaires, savoir: M. le President de la Republique Francaise : R. Victor-Emile-Marie- Joseph Collin (de Plancy), Envoye Extraordinaire et Ministre Plenipotentiaire de la Repub- lique Francaise au Siam, Officier de la Legion d’Honneur et de Plnstruction Publique; Sa Majeste le Roi de Siam : Con Altesse Royale le Prince Devawongse Varoprakar, Chevalier de l’Ordre de Maha-Chakrki, Grand Officier de la Legion d’Honneur, &c., Ministre des Affaires Etrangeres; *See also Annex I. 2 199 Lesquels, munis de pleins pouvoirs, qui ont ete trouves en bonne et du forme, sont convenus des dispositions suivantes : — Art. I. Le Gouvernement Siamois cede k la France les territoires de Battambang, Siem-Reap et Sisophon, dont les frontieres sont defines (sic) par la Clause 1 du Protocole de Delimitation ci-annexe. II. Le Gouvernement Frangais cede an Siam les terri- toires de Dan-Sal et de Kratf, dont les frontieres sont definies par les Clauses I et II dudit Protocoie, ainsi que toutes les lies situees au sud du Cap Lending jusques et y compris Koh-Kut. III. Le remise de ces territoires aura lieu de part et d’autre dans un delai de vingt jours apres la date it laquelle le present Traite aura ete ratifie. IV. * Une Commission Mixte, composee d'officiers et de fonctionnaires Frangais et Siamois, sera nominee par les deux pays contractants, dans un delai de quatre mois apres la ratification du present Traite, et chargee de delimiter les nouvelles frontieres. File commencera ses travaux des que la saison le permettra et les poursuivra en se conformant au Protocole de Delimitation annexe au present Traits. V. f Tons les Asiatiques sujets et proteges Frangais, qui se feront inscrire dans les Consulats de France au Siam apres la signature du present Traite, par applica- tion de P Article XI de la Convention du 13 Fevrier, 1904, seront justiciables des Tribunaux Siamois ordinaires. *See also Annex I. fSee also Annex II. 2 200 La juridiction des Cours Internationales Siamoises, dont l’institution est prevue par l’Article XII de la Con- vention du 13 Fevrier, 1904, sera, dans les conditions enoncees an Protocole de Juridiction ci-annexe, etendue, dans tout le Royaume de Siam, aux Asiatiques sujets et proteges Frangais vises par les Articles X et XI de la meme Convention, et actuellement inscrits dans les Con- sulats de France an Siam. Ce regime premlra fin et la competence des Cours Internationales sera transferee aux Tribunaux Siamois ordinaires, apres la promulgation et la mise en vigueur des Codes Siamois (Code Penal, Code Civil et Commer- cial, Codes de Procedure, Loi d’Organisation Judiciaire). VI. Les Asiatiques sujets et proteges Frangais jouiront dans toute l’etendue du Royaume de Siam des droits et prerogatives dont benefieient les nationaux du pays, notamment des droits de propriety, de libre resi- dence et de libre circulation. Ils seront soumis aux impots et prestations ordinaires. Us seront exempts du service militaire et ne seront pas assujettis aux requisitions et taxes extraordinaires. VII. Les dispositions des anciens Traites, Accords et Conventions entre la France et le Siam non modifies par le present Traite restent en pleine vigueur. VIII. En cas de difficulty d’interpretation du present Traite redig6 en Frangais et en Siamois, le texte Frangais fera seul foi. IX. Le present Traits sera ratifie dans un delai de quatre mois h partir du jour de la signature, ou plus tot si faire se peut. 2 201 En foi de quoi les Plenipotentiaires respectifs ont signe le present Traite et y ont appose leurs cachets. Fait h Bangkok, en double exemplaire, le 23 Mars, 1907. V. Collin (de Plancy.) Devawongse Varoprakar. Annexe I. Protocole concernant la Delimitation des Fron- TIERES, ET ANNEXE AN TRAITE DU 23 MARS, 1907. En vue de faciliter les travaux de la Commission prevue k l’Article IV du Traite en date de ce jour, et en vue d’6viter toute possibility de difficulty dans la delimita- tion, le Gouvernement de la Republique Frangaise et le Gouvernement de Sa Majeste le Roi de Siam sont con- venus de ce qui suit : — Clause I. La frontiere entre l’lndo-Chine Frangaise et le Siam part de la mer en un point situe en face du plus liaut somrnet de l’lle de Koh-Kut. Elle suit k partir de ce point une direction nord-est jusqu’h la crbte de Pnom- Krevanh. II est formellement convenu que, dans tons les cas, les versants est de ces montagnes, y compris la totalite du Bassin du Klong-Kopo, doivent rester a lTndo-Chine Frangaise. La frontiere suit la Crete de Pnom-Krevanli dans la direction du nord jusqu’au Pnom-Thom qui se trouve sur la ligne prineipale de partage des eaux, entre les rivibres qui coulent vers le Golfe de Siam, et celles qui coulent vers le Grand-Lac. Du Pnom-Thom, la frontiere suit 2 202 d'abord dans la direction du nord-ouest, pnis dans la direction du nord, la limite actuelle entre la Province de Battambang d'une part, et celle de Chantaboun et Kratt d'autre part, jusqu’au point on cette frontiere coupe la riviere appel6e Nam-Sai. Elle suit alors le cours de cette riviere jusqu’it son continent avec la Riviere de Sisophon et cette derniere jusqu’a un point situe a 10 kilom. en aval de la ville d'Aranh. De ce dernier point enfin, elle se con- tinue en droite ligne jusqu’a un point situe sur les Dang- Reck, a mi-cbemin entre les passes appelees Chong-Ta-Ivoh et Chong- Sa-Met. II est entendu que cette derniere ligne doit laisser en territoire Siamois la route direete entre Aranli et Cliong-Ta-Kok. A partir du point ei-dessus mentionne, situe sur la crete de Dang-Reck, la frontiere suit la ligne de partage des eaux entre le Bassin du Grand-Lac et du Mekong d’une part, et le Bassin du Xam-Moun d’autre part, et aboutit au Mekong en aval de Pak-Moun, it l'embouchure du Huei-Doue, eonformement au trace adopte par la precedente Commission de Delimitation du 18 Janvier, 1907. Un croquis schematique de la frontiere decrite ci-dessus est annexe au present Protocole.* Clause II. Du cote de Luang-Prabang, la frontiere se detache du Mekong, au sud, it l’embouchure du Nam-Huong, et suit le thalweg de cette riviere jusqu'it sa source, qui se trouve situ£e au Phu-Ivhao-Mieng. De lit, la frontiere suit la ligne de partage des eaux entre le Mekong et la Menam *Not printed. 2 203 et aboutit au Mekong, an point appele Keng-Pha-Dai, conformement an trace adopte par la precedente Com- mission de Delimitation du 16 Janvier, 1906. Clause III. La Commission de Delimitation prevue a 1’ Article IV du Traite en date de ce jour aura it determiner et b tracer, au besoin sur le terrain, la partie de la frontiere deerite dans la Clause I du present Protocole. Si, au cours des operations de delimitation, le Gouvernement Fran^ais desirait obtenir une rectification de frontiere dans le but de substituer des lignes naturelles it des lignes eonven- tionnelles, cette rectification ne pourrait etre faite, dans aucun cas, au detriment du Gouvernement Siamois. En foi de quoi les Plenipotentiaires respectifs ont signe le present Protocole et y ont appose leurs cachets. Fait it Bangkok, en double exemplaire, le 23 Mars, 1907. V. Collin (de Plancy). Devawongse Varoprakar. Annexe II. Protocole concernant la Juridiction applicable DANS LE ROYAUME DE SlAM AUX ASIATIQUES SUJETS ET Proteges Francais, et annexe au Traite du 23 Mars, 1907. En execution de P Article V du Traite en date de ce jour, le Gouvernement de la Republique Francaise et le Gouvernement de Sa Majeste le Roi de Siam, desireux de regler l'organisation et le fonctionnement des Cours Internationales, sont convenus de ce qui suit : — 2 204 Clause I. Des Cours Internationales seront crees, partout oil le bon fonctionnement de la justice l’exigera, apres entente entre le Ministre de la Republique Frangaise et le Min- istre des Affaires Etrangbres du Siam. Clause II. La competence des Cours Internationales s’etend : 1. En matiere civile: a toutes matieres eiviles ou com- merciales dans lesquelles des Asiatiques sujets ou pro- teges Frangais seront en cause : 2. En matiere penale : aux infractions de toute nature commises soit par des Asiatiques sujets ou proteges Fran- gais, soit & leur prejudice. Clause III. Dans les Provinces d’Udorn et d'Isarn, la juridiction des Cours Internationales s’etendra provisoirement h tous les Asiatiques sujets et proteges Frangais, quelle que soit la date de leur inscription sur les registres des Consulats de France. Clause IV. Le droit d’evocation s’exercera conformement aux dis positions de l’Artiele XII de la Convention du 13 Fevrier, 1904. Toutefois, ce droit cessera de s’exercer pour toutes matures qui feront Tobjet de Codes ou de Lois reguliere- ment promulguees des que ces Codes ou ces Lois auront 6t6 communiques a la Legation de France, et qu’ils auront ete mis en vigueur. 2 205 Une entente interviendra entre le Ministere des Affaires Etrangeres et la Legation de Fiance pour le reglement des affaires pendantes au moment oil les dits Codes ou Lois entreront en vigueur. Clause V. Toutes requetes ii fin d’appel contre les jugements des Cours Internationales de Premiere Instance seront com- muniquees au Consul de France, qui aura le droit de donner sur l’affaire un avis ecrit pour etre joint au dossier. L’arret d’appel devra porter la signature de deux Juges Europeens. Clause VI. U 11 recours en cassation sera ouvert contre les arrets des Cours d’Appel. Ce recours pourra s’exercer pour l’incompetence, abus de pouvoir, et general ement pour toutes violations de la loi. 11 sera juge par la Cour Supreme, ou San Dika. Clause VII. Quelle que soit la juridiction saisie d'une affaire civile ou penale, Fexception d’incompetence deduite des regies posees par le Traite en date de ce jour devra etre proposee avant tout defense au fond. E 11 foi de quoi Plenipotentiaires respectifs out signe le present Protocole et y out appose leurs cachets. Fait a Bangkok, en double exemplaire, le 23 Mars, 1907. V. Collin (de Plancy). Devawongse Varoprakar. 2 206 Annexe III. Accord r£glant le Regime des Concessions ATTRI- BUTES AU GOUVERNEMENT DE LA RTPUBLIQUE FrANQAISE sur la Rive droite du Mekong, en execution de l' Article VIII de la Convention de Fevrier, 1904. Clause I. En execution (le 1’ Article VIII de la Convention du 13 Fevrier, 1904, le Gouvernement Siamois cede k bail au Gouvernement General de l'lndo-Chine, qui y consent, des terrains libres de toute servitude, active ou passive, sit lies a Xieng-Khan, Nong Khay, Muong-Saniabouri, embouchure du Nam-Khan, Ban-Mouk-Dahan, Kemmarat et Pak-Mam, et dont les plans et descriptions sont annexes au present Accord.* Clause II. Les baux sont consentis pour une periode de cinquante ans, renouvelable pour une periode egale au gre du Gouvernement General de l’lndo-Chine. Clause III. Le Gouvernement General de l'lndo-Chine payera annuellement au Gouvernement Siamois, a partir du l er Janvier, 1908, un loyer nominal de 1 tieal par hectare et par fraction d'hectare. Clause IV. Conformement a l’Article VI du Traite du 3 Octobre, 1S93, et a l’Article VIII de la Convention du 13 Fevrier, 1904, les Concessions sont destinees exclusivement a faciliter la navigation commerciale. *Not printed. 2 207 Les etablissements suivants pourront y etre crees : Depots de bois de chauffage et de charbon ; Depots de material, tels que bois de charpente, fers, bambous, dynamite, &c*. ; Magasins pour les marchindises (sic) en transit; Logements pour les passagers et pour les equipages des pirogues et des clialoupes; Logements et bureaux pour le personnel des Com- pagnies de Navigation et des Travaux Publics; fitablissements commereiaux, a la condition expresse qu’il ne s’y fasse aucun commerce de spiritueux, d’opium, d’armes, et de munitions. Les terrains des Concessions sont soumis a la juridic- tion Siamoise, telle qu’elle s’exerce dans le reste du Royaume conformement aux Traites conclus entre la France et le Siam. Fait a Bangkok, en double exemplaire, le 23 Mars, 1907. Chatide J. Bernard. V. Collin (de Plancy). Devawongse. 2 208 France, 1908. French Decree relating to the Organization of Criminal Jurisdiction in Siam as affecting French SUBJECTS AND PROTECTED PERSONS OF ASIATIC ORIGIN. — Paris, September 17, 1908.* Rapport au President de la Republique frangaise. Paris, le 17 septembre, 1908. M. Le President, Les modifications profondes apportees a nos droits de juri diction an Siam par la Convention et le traite conclus le 13 fevrier, 1904, et le 23 mars, 1907, entre le Gouverne- ment de la Republique et le Gouvernement siamois ont rendu necessaire l’extension des ponvoirs accordes jusqu’ici, par les lois existantes, ii nos consuls etablis dans le royaume. Coniine toutes les Puissances arrivees ii un certain degre de civilisation, le Siam a souhaite reprendre les droits de juridiction abandonnes par lui en d’autres temps, aux na- tions europeennes. Contre la cession de certains avantages territoriaux, le dernier accord consacre l’abandon de nos privileges en ce qui concerne les sujets et proteges frangais d'origine asiatique resident au Siam, qui se trouvent desorinais sou mis au jugement des tribunaux locaux. Toutefois, par exception, ceux d’entre eux inscrits dans nos consulats avant le 23 mars, 1907, et tous ceux etablis dans les provinces d’Udorn et d’Isarn jouis- *“Journal officiel,” 1908. No. 256. 209 sent (Tun regime special jusqu’au moment tie la promul- gation et de la mise en vigeur des differents codes siamois. D'apres ce systeme, tous ces sujets et proteges devien- nent provisoirement justiciables des cours dites inter- national ; mais dans tous les proces les interessant, nos consuls ont le droit d'assister aux audiences ou de s’y faire representer par un delegue, de formuler toutes les observations qui leur semblent convenables et enfin, si notre ressortissant est defendeur, d’evoquer l’affaire a tout moment de la procedure. Le droit ainsi consenti par le Gouvernement siamois est apparu comme la contre- partie necessaire de la renonciation que nous consentions ii nos anciens privileges. II nous off re, en effet, une double garantie que justice sera rendue dorenavant comme par le passe a nos proteges. D’une part, le droit d’evocation conserve toujours a nos agents la faeulte de juger eux-memes, quand notre sujet ou protege est defendeur, mais surtout le desir du Siam de reprendre la pleine possession de sa souverainete, assure i\ nos ressortissants les faveurs des cours siamoises qui ne voudront pas risquer de voir l’affaire evoquee ou le jugement critique par l’autorite consulaire. Mais encore faut-il, au cas oil nous serions dans l’obligation de recourir i\ cette mesure que nos agents en aient la possibility, et ne se trouvent pas empeches, le moment venu, d'y avoir recours, par suite du defaut de texte. Or, en l’etat actuel, les dispositions de notre legislation reglant le fonctionnement de la juridiction consulaire, specialement les lois des 28 mai, 1S36, 18 mai, 1858, et avril, 1869, en rendent difficile l’application. Si nos tribunaux consulaires sont aptes it juger toutes les matieres civiles, en matiere penale, ils ne sont competent^ 2 210 que pour les contraventions de simple police et les delits. Pour les crimes, au contraire, la loi du 28 avril, 1869, prescrit que Faccuse soit renvoye devant les juges de Saigon. Cette regie de competence qui pouvait etre sans con- sequence lorsque nos consuls se trouvaient de plein droit saisis des causes interessant leurs ressortissant, apparait pleine d'inconvenients lorsque, coniine il arrive main- tenant, c’est un acte emanant de leur initiative qui des- saisit les tribunaux ordinaires au profit des notres. C’est en ce cas qu’il importerait de bien etablir aux yeux de tous la superiority de notre justice. Et c’est alors que, les affaires criminelles les plus graves, celles qui out le plus de retentissemeut et qui frappent le plus vivement les imaginations, devront etre renvoyees devant un tribunal lointain. Dans un pays ou plus qu’en tout autre la repression, pour etre efficace, doit presenter des qualites de rapidity et de publicity speciales on risque de donner au droit Revocation le caractere d'un veritable deni de justice. Dans ces conditions, le Garde des Sceaux et moi avons ete amenes a saisir le Parlement d'un projet de loi “nous autorisant ii determiner les conditions d'application de l’article V du traite franco-siamois du 23 mars, 1907, en ce qui touche la poursuite, Finstruction et le mode de jugement des crimes dont la connaissance est attribuee par ledit article a l’autorite judiciaire fran^aise, ainsi que la composition du tribunal consulaire, lorsq’il sera appele it sieger coniine juridiction criminelle.” Ce texte a ete successivement adopte par les deux Cliambres. Nos administrations se sont aussitot aiipliquees it preparer le projet du decret prevu par cette loi, en s’appli- 211 quant & donner a nos consuls au Siam un texte clair et precis, qui leur permette de juger sur place, sans compli- cations inutiles, les causes qu’ils auront cru devoir evoquer. Le Conseil d’fitat ayant approuve ce projet dans sa seance du 6 de ce mois, nous avons l’honneur de le soumettre a votre signature. Le Ministre des Affaires fitrangeres, S. Pichon. Le Garde des Sceaux, Ministre de la Justice et des Cultes, A. Briand. TlTRE I. POURSUITE DES CRIMES ET COMPOSITION DES JURIDICTIONS CON SULAIRES. Art. l er . En cas de poursuites intentees par les autorites siamoises en raison de crimes commis sur le territoire du Royaume de Siam, les affaires peuvent etre evoquees par les consuls de France, lorsque ces crimes sont imputes : (1) A des sujets ou proteges frangais d’origine asiatique inscrits dans les consulats de France avant le 23 mars, 1907; (2) Exceptionnellement, dans les provinces d’Udorn et d'Isarn, a des sujets et proteges frangais, quelle que soit leur date description. 2. Les affaires criminelles ainsi evoquees sont jugees en premier ressort par la cour consulaire de Bangkok et les tribunaux consulaires de l’interieur. ******* 2 212 Great Britain, 1909. Treaty and Notes between Great Britain and Siam REGARDING THE CESSION AND BOUNDARIES OF THE SIAMESE Malay States, the Jurisdiction of the Siamese Courts, and the Non-Cession, &g\, of Siamese Territory. — Signed at Bangkok, March 10, 1909. (Ratifications exchanged at London, July 9, 1909.) His Majesty the King of the United Kingdom of Great Britain and Ireland, and of the British Dominions be- yond the Seas, Emperor of India, and His Majesty the King of Siam, being desirous of settling various ques- tions which have arisen affecting their respective dominions, have decided to conclude a Treaty, and have appointed for this purpose as their Plenipotentiaries: His Majesty the King of Great Britain : Ralph Paget, Esq., His Envoy Extraordinary and Minister Plenipo- tentiary, &c. ; His Majesty the King of Siam : His Royal Highness Prince Devawongse Varoprakar, Minister of Foreign Affairs, &c. ; Who, after having communicated to each other their respective full powers, and found them to be in good and due form, have agreed upon and concluded the follow- ing Articles : Art. I. The Siamese Government transfers to the British Government all rights of suzerainty, protection, administration and control whatsoever, which they 213 possess over the States of Kelantan, Tringganu, Kedah, Perlis and adjacent islands. The frontiers of these ter- ritories are defined by the Boundary Protocol annexed hereto.* II. The transfer provided for in the preceding Article ft shall take place within thirty days after the ratification of this Treaty. III. A mixed commission, composed of Siamese and British officials and officers, shall be appointed within six months after the date of ratification of this Treaty, and shall be charged with the delimitation of the new frontier. The work of the commission shall be com- menced as soon as the season permits, and shall be carried out in accordance with the Boundary Protocol annexed hereto. Subjects of His Majesty the King of Siam residing within the territory described in Article I, who desire to preserve their Siamese nationality, will, during the period of six months after the ratification of the present Treaty, be allowed to do so if they become domiciled in the Siamese dominions. His Britannic Majesty’s Gov- ernment undertake that they shall be at liberty to retain their immovable property within the territory described in Article I. It is understood that, in accordance with the usual custom where a change of suzerainty takes place, any concessions within the territories described in Article I hereof to individuals or companies, granted by or with the approval of the Siamese Government, and recognized * Annex 1. 2 214 by them as still in force on the date of the signature of the Treaty, will be recognized by the Government of His Britannic Majesty. IY. His Britannic Majesty’s Government undertake that the Government of the Federated Malay States shall assume the indebtedness to the Siamese Government of the territories described in Article I. V. The jurisdiction of the Siamese International Courts, established by Article VIII of the Treaty of the 3rd September, 1883, shall, under the conditions defined in the Jurisdiction Protocol, annexed hereto,* be extended to all British subjects in Siam, registered at the British consulates before the date of the present Treaty. This system shall come to an end, and the jurisdiction of the International Courts shall be transferred to the ordinary Siamese Courts after the promulgation and the coming into force of the Siamese codes, namely, the Penal Code, the Civil and Commercial Codes, the Codes of Procedure and the Law for Organisation of Courts. All other British subjects in Siam shall be subject to the jurisdiction of the ordinary Siamese Courts under the conditions defined in the Jurisdiction Protocol. VI. British subjects shall enjoy through the whole extent of Siam the rights and privileges enjoyed by the natives of the country, notably, the right of property, the right of residence and travel. They and their property shall be subject to all taxes and services, but these shall not be other or higher than *Annex 2. 2 215 the taxes and services which are or may be imposed by law on Siamese subjects. It is particularly understood that the limitation in the agreement of the 20th September, 1900, by which the taxation of land shall not exceed that on similar land in Lower Burinah, is hereby removed. British subjects in Siam shall be exempt from all military service, either in the army or navy, and from all forced loans or military exactions or contributions. VII. The provisions of all Treaties, Agreements, and Conventions between Great Britain and Siam, not modi- fied by the present Treaty, remain in full force. VIII. The present Treaty shall be ratified within four months from its date. In witness whereof the respective Plenipotentiaries have signed the present Treaty and affixed their seals. Done at Bangkok, in duplicate, the 10th day of March, in the year 1909. (l. s.) Ralph Paget. (l. s.) Devawongse Varoprakar. Annex 1. Boundary Protocol annexed to the Treaty dated March 10, 1909. The frontiers between the territories of His Majesty the King of Siam and the territory over which his suzerain rights have by the present Treaty been trans- ferred to His Majesty the King of Great Britain and Ire- land are as follows : — z 216 Commencing from the most seaward point of the northern bank of the estuary of the Perlis River and thence north to the range of hills which is the watershed between the Perlis River on the one side and the Pujoh River on the other; then following the watershed formed by the said range of hills until it reaches the main water- shed or dividing line between those rivers which flow into the Gulf of Siam on the one side and into the Indian Ocean on the other; following this main watershed so as to pass the sources of the Sungei Patani, Sungei Telubin, and Sungei Perak, to a point which is the source of the Sungei Pergau ; then leaving the main watershed and going along the watershed separating the waters of the Sungei Pergau from the Sungei Telubin to the hill called Rukit Jeli or the source of the main stream of the Sungei Golok. Thence the frontier follows the thalweg of the main stream of the Sungei Golok to the sea at a place called Kuala Tabar. This line will leave the valleys of the Sungei Patani, Sungei Telubin, and Sungei Tanjung Mas and the valley on the left or west bank of the Golok to Siam, and the whole valley of the Perak River and the valley on the right or east bank of the Golok to Great Britain. Subjects of each of the parties may navigate the whole of the waters of the Sungei Golok and its affluents. The island known as Pulo Langkawi, together with all the islets south of mid-channel between Terutau and Langkawi, and all the islands south of Langkawi shall become British. Terutau and the islets to the north of mid-channel shall remain to Siam. With regard to the islands close to the west coast, those lying to the north of the parallel of latitude where 2 217 the most seaward point of the north bank of the estuary of the Perlis River touches the sea shall remain to Siam, and those lying to the south of that parallel shall become British. All Islands adjacent to the eastern States of Kelantan and Tringganu, south of a parallel of latitude drawn from the point where the Sungei Golok reaches the coast at a place called Kuala Tabar, shall be transferred to Great Britain, and all islands to the north of that parallel shall remain to Siam. A rough sketch of the boundary herein described is annexed hereto.* 2. The above-described boundary shall be regarded as final, both by the Government of His Britannic Majesty and that of Siam, and they mutually undertake that, so far as the boundary effects any alteration of the existing boundaries of any State or province no claim for com- pensation on the ground of any such alteration made by any State or province so affected shall be entertained or supported by either. 3. It shall be the duty of the Boundary Commission, provided for in Article III of the Treaty of this date, to determine and eventually mark out the frontier above described. If during the operations of delimitation it should appear desirable to depart from the frontier as laid down herein, such rectification shall not, under any circum- stances, be made to the prejudice of the Siamese Govern- ment. *Map not reproduced. 2 218 In witness whereof the respective Plenipotentiaries have signed the present Protocol and affixed their seals. Done at Bangkok, in duplicate, the 10th day of March, 1909. ( l. s. ) Ralph Paget. (l. s.) Devawongse Varoprakar. Annex 2. Protocol concerning the Jurisdiction applicable in the Kingdom of Siam to British Subjects, and an- nexed to the Treaty dated March 10, 1909. Sec. 1. International Courts shall be established at such places as may seem desirable in the interests of the good administration of justice; the selection of these places shall form the subject of an understanding be- tween the British Minister at Bangkok and the Siamese Minister for Foreign Affairs. 2. The jurisdiction of the International Courts shall extend — (1) in civil matters: To all civil and commercial matters to which British subjects shall be parties. (2) In penal matters: To breaches of law of every kind, whether committed by British subjects or to their injury. 3. The right of evocation in the International Courts shall be exercised in accordance with the provisions of Article VIII of the Treaty of the 3rd September, 1883. The right of evocation shall cease to be exercised in all matters coming within the scope of codes or laws regularly promulgated as soon as the text of such codes 2 219 or laws shall have been communicated to the British Legation in Bangkok. There shall be an understand- ing between the Ministry for Foreign Affairs and the British Legation at Bangkok for the disposal of cases pending at the time that the said codes and laws are communicated. 4. In all cases, whether in the International Courts or in the ordinary Siamese Courts in which a British subject is defendant or accused, a European legal adviser shall sit in the Court of First Instance. In cases in which a British-born or naturalized sub- ject not of Asiatic descent may be a party, a European adviser shall sit as a Judge in the Court of First In- stance, and where such British subject is defendant or accused the opinion of the adviser shall prevail. A British subject who is in the position of defendant or accused in any case arising in the provinces may apply for a change of venue, and should the Court con- sider such change desirable the trial shall take place either at Bangkok or before the Judge in whose Court the case would be tried at Bangkok. Notice of any such application shall be given to the British Consular officer. 5. Article IX of the Treaty of the 3rd September, 1883, is repealed. Appeals against the decisions of the International Courts of First Instance shall be adjudged by the Siam- ese Court of Appeal at Bangkok. Notice of all such appeals shall be communicated to His Britannic Maj- esty’s Consul, who shall have the right to give a written opinion upon the case to be annexed to the record. •z 220 The judgment, on appeal from either the Interna- tional Courts or the ordinary Siamese Courts shall bear the signature of two European Judges. 6. An appeal on a question of law shall lie from the Court of Appeal at Bangkok to the Supreme or Dika Court. 7. No plea of want of jurisdiction based on the rules prescribed by the present Treaty shall be advanced in any Court after a defence on the main issue has been offered. 8. In order to prevent difficulties which may arise in future from the transfer of jurisdiction contemplated by the present Treaty and Protocol, it is agreed — (a) All cases in which action shall be taken subse- quently to the date of the ratification of this Treaty shall be entered and decided in the competent Interna- tional or Siamese Court, whether the cause of action arose before or after the date of ratification. (b) All cases pending in His Britannic Majesty’s Courts in Siam on the date of the ratification of this Treaty shall take their usual course in such Courts and in any Appeal Court until such cases have been finally disposed of, and the jurisdiction of His Britannic Maj- esty’s Courts shall remain in full force for this purpose. The execution of the judgment rendered in any such pending case shall be carried out by the International Courts. In witness whereof the respective Plenipotentiaries have signed the present Protocol and affixed their seals. 2 221 Done at Bangkok, in duplicate, the 10th day of March, 1909. ( l. s. ) Ralph Paget. (l. s.) Devawongse Yaroprakar. Annex 3. Mr. Paget to Prince Devawongse. March 10, 1909. M. Le Ministre, In view of the position of British possessions in the Malay Peninsula and of the contiguity of the Siamese Malay provinces with British-protected territory, His Majesty’s Government are desirous of receiving an as- surance that the Siamese Government will not permit any danger to arise to British interests through the use of any portion of the Siamese dominions in the peninsula for military or naval purposes by foreign Powers. His Majesty’s Government would therefore request that the Siamese Government shall not cede or lease, directly or indirectly, to any foreign Government any ter- ritory situated in the Malay Peninsula south of the south- ern boundary of the Monthon of Rajaburi, or in any of the islands adjacent to the said territory; also that within the limits above mentioned a right to establish or lease any coaling station, to build or own any construction or repairing docks, or to occupy exclusively any harbours the occupation of which would be likely to be prejudicial to British interests from a strategic point of view, shall not be granted to any foreign Government or company. Since this assurance is desired as a matter of political expediency only, the phrase “coaling station'’ would not 2 222 be held to include such small deposits of coal as may be required for the purposes of the ordinary shipping en- gaged in the Malay Peninsula coasting trade. Ralph Paget. Prince Devawongse to Mr. Paget. Foreign Office, Bangkok, March 10, 1909. M. Le Ministre, I have the honour to acknowledge receipt of your note of this date, in which you express the desire of your Gov- ernment that the Siamese Government shall not cede or lease, directly or indirectly, to any foreign Government any territory situated in the Malay Peninsula south of the southern boundary of the Monthon of Rajaburi or in any of the islands adjacent to the said territory; also that within the limits above mentioned a right to estab- lish or lease any coaling station, to build or own any con- struction or repairing docks, or to occupy exclusively any harbours the occupation of which would be likely to be prejudicial to British interests from a strategic point of view, shall not be granted to any foreign Government or company. In reply, I beg to say that the Siamese Government gives its assurance to the above effect, taking note that the phrase “coaling station'’ shall not include such small deposits of coal as may be required for the purposes of the ordinary shipping engaged in the Malay Peninsula coasting trade. I avail, &c., Devawongse, Minister for Foreign Affairs. 2 223 Annex 4. Prince Devawongse to Mr. Paget. Foreign Office, Bangkok, March 10, 1909. M. Le Ministre, With reference to the provision contained in Article 4 of the Jurisdiction Protocol to the effect that in all cases in which a British subject is defendant or accused a Euro- pean adviser shall sit in Court, I would express the hope, on behalf of His Majesty’s Government, that His Britan- nic Majesty’s Government will be prepared in due course to consider the question of a modification of or release from this guarantee when it shall be no longer needed; and, moreover, that in any negotiations in connection with such a modification or release the matter may be treated upon its merits alone, and not as a consideration for which some other return should be expected. The Siamese Government appreciates that a Treaty like the one signed to-day marks an advance in the admin- istration of justice in the kingdom. The conclusion of such a Treaty is in itself a sign of progress. It is the in- tention of the Siamese Government to maintain the high standard in the administration of justice which it has set before it, and towards which it has been working for some time. In this connection I take pleasure in acknowledging the contribution which Mr. J. Stewart Black has made to this work. I wish also to say that provision will be made for the treatment of European prisoners according to the stand- 2 224 ard usual for such prisoners in Burmah and the Straits Settlements. I avail, &c., Devawongse, Minister for Foreign Affairs. Mr. Paget to Prince Devawongse. March 10, 1909. M. Le Ministre, With reference to the guarantee contained in the first paragraph of Article 4 of the Jurisdiction Protocol, I have the honour to state that His Majesty’s Government will be prepared in due course to consider the question of modification of or release from this guarantee when it shall no longer be needed. His Majesty’s Government are also willing that in any negotiations in connection with such a modification or release the matter shall be treated upon its merits alone, and not as a consideration for which some other return shall be expected. His Majesty’s Government learn with much satisfac- tion that it is the intention of the Siamese Government to maintain the high standard in the administration of justice which it has set before it, and towards which it has been working for some time; and I may assure your Royal Highness that it will be the aim of His Majesty’s Govern- ment in every manner to second the efforts of His Siamese Majesty’s Government in this direction. I wish also to say that the International Courts referred to in section 1 of the Protocol on Jurisdiction annexed to the Treaty signed to-day need not necessarily be Courts specially organized for this purpose. Provin- 2 225 cial (“Monthon”) Courts or District (“Muang”) Courts may constitute International Courts, according as British subjects may be established in greater or less number within the jurisdiction of those Courts. The fact that an ordinary Court is designated as an International Court will have as a consequence the introduction into that ordinary Court of all the provisions relating to Inter- national Courts secured by the Protocol on Jurisdiction. Ralph Paget. Annex. Memorandum explanatory of the circumstances WHICH RENDER A MODIFICATION OF THE PRESENT SYSTEM of British Extra-territorial Jurisdiction in Siam de- sirable, WITH NOTES ON THE POSITION OF BRITISH SUB- JECTS IN RELATION TO SIAMESE JURISDICTION UNDER THE new Treaty. By the Anglo-Siamese Treaty of 1855 full extra-terri- torial privileges were guaranteed to British subjects in Siam. Comparatively little being then known concerning Siamese laws and customs, it was considered necessary by the British negotiators that British subjects for their security should be placed under the sole jurisdiction and control of their Consular authorities ; and as the British subjects in Siam at that time were exceedingly few, and consisted mostly of Europeans resident in or trading to Bangkok, it is unlikely that the Siamese Government themselves attached any special importance to exercising jurisdiction over them, or that they suffered any incon- venience from not doing so. Moreover, whilst under the 1855 Treaty British subjects gained the privileges of z 226 extra territoriality, they also by the same Treaty, incurred certain disabilities in respect of the right to hold land, of travelling, or residing beyond the somewhat narrow limits laid down in the Treaty. The provisions to this effect being originally no less binding than the provisions which establish Consular jurisdiction, it was only within a restricted area that the administrative difficulties insep- arable from a system of extra-territoriality were present. The arrangement thus entered into might, no doubt, have remained suitable for all time had no change taken place in the numbers and character of the British com- munity in Siam. But, with the opening up of the country, Burmese, Shans, and other Asiatics entitled to British protection gradually entered the northern provinces in increasing numbers until the Siamese Government were confronted by the fact that in one portion of their domin- ions there existed a considerable native population which, having regard to the stipulations of the 1855 Treaty, was on the one hand entitled to the privileges of extra-terri- toriality and on the other, strictly speaking, debarred from residing there at all. To meet the altered conditions for which the provi- sions of the 1855 Treaty had become unsuitable a separate Treaty was concluded in 1883, relating to the northern provinces alone, by which British subjects were placed under Siamese jurisdiction in a so-called International Court, in which the British Consul had the right to sit, with the only reservation that the Consul should possess the right of transferring any case in which a British sub- ject might be defendant or accused, to his own Court. The reasons which called for a new Treaty in the north now equally exist in Bangkok and other parts of Siam •& 227 where British subjects are to be found in considerable numbers, and hence it follows that the 1855 Treaty is no less unsuitable there than in the northern provinces. A closer examination of this question will indeed show that the Siamese Courts in the capital being indubitably of a higher standard and under more strict supervision than those of the provinces, consequently also more fa- vourable for the security of British subjects, the abandon- ment of extra territoriality in the north while insisting on its maintenance in Bangkok, would constitute an anomaly. There appears, furthermore, no satisfactory reason why one section of British subjects should en- joy the privilege of complete British jurisdiction, while others are amenable to the International Courts. Some modification of the hitherto existing jurisdiction arrangements, to the extent at least of applying the Inter- national Court system to every part of Siam, has been felt to be requisite. In connection with any change of the sort, however, beyond the reasons above adduced, various additional factors, such as the desire of British subjects to acquire the right to hold land — a right already acquired by French subjects under the 1907 Franco-Siarnese Con- vention — the codification of Siamese law, and the very creditable and successful efforts made by the Siamese Government to improve the standard of their judicial administration have had to be taken into account. The negotiations, which have terminated in the new Treaty, were commenced some five years ago, and many different proposals have been from time to time discussed without success. The Siamese Government not unnaturally de- sired the complete abolition of British extra-territoriality, whilst His Majesty’s Government were not prepared to 2 228 entertain the idea of so sweeping a change. The fact, however, that important concessions would have to be made to the Siamese Government respecting extra-ter- ritoriality became increasingly apparent, more especially so after the conclusion of the Franco-Siamese Treaty in the spring of 1907. The solution which has eventually presented itself, and which appears to satisfy both British and Siamese requirements, is that British subjects shall become amenable to Siamese jurisdiction, while the Si- amese Government should furnish guarantees to insure a satisfactory administration of justice. These guaran- tees, which consist in the employment of Europeans in certain capacities in the Siamese Courts, appear as sub- stantial as any the Siamese Government could well con- cede, and as adequate as any which could with fairness be desired. The fact that the rights of European and Asiatic British subjects in the Court of First Instance are slightly dissimilar may possibly attract attention. The dissimilar- ity, however, is more apparent than real. The principle which has here been followed is that either race shall be justiciable by a Judge of similar race, and this arrange- ment appears to he the most equitable. In reference to the subject of personal security gen- erally, a perusal of the Treaty and inquiry into the actual conditions existing in Siam will make it evident that British subjects in Siam stand in a far more favourable position than British subjects in other non-extra-terri- torial countries where no guarantees of any kind exist in the Courts, and where the good offices of the British Diplomatic or Consular officials constitute the sole pro- tection and support in any legal proceedings, a resource 2 229 which is of course also still open to British subjects in Siam. As regards the transfer to Great Britain of jurisdic- tion over the territories referred to in the Treaty, it may also be pointed out that owing to their distance from Bangkok and the difficulties of communication, especi- ally during the north-east monsoon, it was impossible for Siam to control their administration effectively. The people are Malays and Mahommedans, like the natives of the States to the south w r hich form the Federated Malay States. The administration of the States is at present self-supporting, and there is no reason to fear that it w r ill become a burden either on the Federated Malay States or the British tax-payer. The possession of the fine harbour of Langkawi is a matter of considerable importance in connection wdth the trade route to the Far East. While enabling Siam to consolidate her power and render her administration effective in the northern part of the peninsula which remains to her, the transfer will lead to a great expansion of the trade and commerce which finds an outlet through the ports of the Straits Settle- ments. The transfer of Kedah, the opium farm for which has always been let w ith the Penang farm, will greatly facili- tate the carrying out in Penang of the recommendations of our Opium Commission. 2 230 Denmark, 1913. Treaty between Denmark and Siam defining the Jurisdiction to be Exercised over Danish Subjects in Siam. — Copenhagen, March 15, 1913. (Ratifications exchanged at Bangkok, July 12, 1913.) His Majesty the King of Denmark and His Majesty the King of Siam, desirous of improving the relations existing between the two countries by a recognition, through the introduction of a new plan of jurisdiction of the altered conditions in Siam since the signature of the Treaty of the 24th March, 1905, and by an extension of the rights of Danish citizens in Siam, have decided to conclude a new Treaty, and have appointed for this pur- pose as their Plenipotentiaries : His Majesty the King of Denmark: Carl William Count Ahlefeldt Laurvig, his Minister for Foreign Affairs, &c. ; and His Majesty the King of Siam : Pliya Sridhamasasana, his Envoy Extraordinary and Minister Plenipotentiary; Who, duly empowered, have agreed upon and con- cluded the following Articles : — Art. I. The jurisdiction hitherto exercised in Siam by the Danish Consul or the Danish Consular Court is hereby transferred to the Siamese Government in accord- ance with the provisions of the following Articles : — II. In regard to the trial of cases, the two Govern- ments have agreed to substitute the following in place of 231 the provisions contained in the Convention of the 24th March, 1905: — All Danish subjects in Siam shall hereafter be subject to the jurisdiction of the ordinary Siamese Courts: pro- vided that all Danish subjects registered at the Danish Consulate before the date of the ratification of this Treaty shall be subject to the jurisdiction of the Siamese Inter- national Courts under the conditions hereinafter defined. III. The jurisdiction of the International Courts shall extend : — 1. In civil matters : to all civil and commercial matters to which Danish subjects shall be parties. 2. In penal matters : to all breaches of law of every kind, whether committed by Danish subjects or to their injury. IV. In cases in the International Courts where the defendant or accused is a Danish subject the Danish Consul may, at any time before judgment in the Court of First Instance, by means of a written requisition, evoke the case, if he shall think proper in the interests of justice. Such cases shall then be transferred for adjudication to the Danish Consul, who from this moment shall alone be competent and to whom the Siamese authorities shall be bound to give their assistance. The right of evocation in the International Courts shall cease to be exercised in all matters coming within the scope of codes or laws regularly promulgated, as soon as the text of such codes or laws shall have been communicated to the Danish Diplomatic Representative 232 at Bangkok. There shall be an understanding between the Siamese Minister for Foreign Affairs and the Danish Diplomatic Representative at Bangkok for the disposal of cases pending at the time that the said codes and laws are communicated. V. Appeals against the decisions of the International Courts of First Instance shall be adjudged by the Siamese Court of Appeal at Bangkok. Notice of all such appeals shall be communicated to the Danish Consul, who shall have the right to give a written opinion upon the case to be annexed to the record. An appeal on a question of law shall lie from the Court of Appeal at Bangkok to the Supreme or Dika Court. VI. The system of International Courts shall come to an end, and the jurisdiction of those Courts shall be transferred to the ordinary Siamese Courts after the pro- mulgation and the coming into force of all of the follow- ing Siamese Codes, namely, the Penal Code, the Civil and Commercial Codes, the Codes of Procedure, and the law for the Organization of Courts. VII. In all cases brought before the ordinary Siamese Courts, as well as before the International Courts, Danish subjects shall enjoy, on similar conditions, equal rights and advantages with those which the Siamese Government has already granted or which it may grant to the citizens or subjects of any other nation. The benefit of the treatment of the most favored nation is, at the present moment, particularly extended : 233 1. To the right of the defendant or accused in any case arising in the provinces to apply for a change of venue to Bangkok. 2. To the sitting of European legal advisers, either in the capacity of advisers or in the capacity of judges, in any of the different grades of Courts of either class. VIII. No plea of want of jurisdiction based on the rules prescribed by the present Treaty shall be advanced in any Court after a defence on the main issue has been offered. IX. In order to prevent difficulties which may arise in future from the transfer of jurisdiction contemplated by the present Treaty, it is agreed : (a.) All eases in which action shall be taken subse- quently to the date of the ratification of this Treaty shall be entered and decided in the International or Siamese Court, whether the cause of action arose before or after the date of ratification. (6.) All cases pending in the Danish Court in Siam on the date of the ratification of this Treaty shall take their usual course in such Court and in any Appeal Court until such cases have been finally disposed of, and the jurisdiction of the Danish Court shall remain in full force for this purpose. The execution of the judgment rendered in any such pending case shall be carried out by the International Courts. X. Danish citizens and subjects shall enjoy through- out the whole extent of Siam the rights and privileges •i 234 enjoyed by the natives of the country, notably the right of property, the right of residence and travel. They and their property shall be subject to all taxes and services, but these shall not be other or higher than the taxes and services which are or may be imposed by law on Siamese subjects. Danish subjects in Siam shall be exempted from all military service, either in the army or navy, from all forced loans or military exactions or contributions. Limited liability and other companies and associa- tions, commercial, industrial, and financial, already or hereafter to be organized in accordance with the laws of either High Contracting Party, are authorized in the territories of the other, to exercise their rights and ap- pear in the Courts either as plaintiffs or defendants, sub- ject to the laws of such other party. The foregoing stipulation has no bearing upon the question whether a company or association organized in one of the two countries will or will not be permitted to transact its business or industry in the other, this per- mission remaining always subject to the laws and regula- tions enacted or established in the respective countries or in any part thereof. XI. The provisions of all Treaties, Agreements, and Conventions between Denmark and Siam, not modified by the present Treaty, remain in full force. XII. The present Treaty shall be ratified, and the ratifications shall be exchanged at Bangkok within six months from its date, and shall come into force imme- diately after the exchange of ratifications. 235 In witness whereof the respective Plenipotentiaries have signed the present Treaty and affixed thereto their seals. Done at Copenhagen, in duplicate, the 15th day of March, in the year 1913. (L. s.) C. W. Ahlefeldt Laurvig. (l. s.) Phya Sridhamasasana. LIBRARY ew York C5380 2